Arrest order vs. Jeane Napoles lifted 

The Court of Tax Appeals (CTA) has lifted the warrant of arrest it issued against Jeane Catherine Napoles after she failed to show up for her arraignment on a P17.46-million tax evasion case.

 

In a hearing on Tuesday, the justices of the CTA's Third Division granted the urgent motion filed by Napoles' lawyer asking the court to lift the arrest order and reinstate the bail bond worth P25,000 they had earlier posted.
 

The Third Division had earlier forfeited Napoles's bail and issued a bench arrest warrant after she failed to attend her arraignment on Wednesday, April 29.

 

Napoles' legal counsel Stephen David took responsibility for his client's failure to attend the hearing.

 

"I was the one who advised her not to appear before this court as it was my honest belief that the arraignment will not push through due to our pending motion," David told the court.

 

Napoles' camp has a pending motion for judicial determination of probable cause before the CTA Third Division and First Division where she is facing separate tax evasion cases.

 

Napoles had earlier posted P25,000 in bail in each division even before the courts issued arrest warrants against her.

 

David said that on April 29, Napoles was in fact already within the CTA compound when he advised her to no longer enter the CTA building.

 

"Under my solemn oath, I would like to inform you that Napoles intended to attend her arraignment. In fact, she was already within the premises of the CTA compound when I told her not to go as it was my honest belief that the hearing will be cancelled," David said.

 

"She was residing in the United States but she decided to came her to face the charges. It only shows that she has no intention of disobeying the court," David said.

 

Though it castigated David for being "presumptuous," the Third Division granted Napoles' urgent ex-parte motion to lift the bench arrest warrant and reinstate her bail.

 

"Taking into consideration the good faith of the accused, the court grants the motion. The order of arrest is hereby withdrawn," Third Division member Associate Justice Esperanza Fabon-Victorino said.

 

Victorino added that the opposition also failed to present specific legal grounds in its opposition paper on Napoles' motion.

 

Another member of the Third Division, Associate Justice Lovell Bautista, meanwhile raised the question of whether David should be fined for his client's failure to attend the arraignment but David was quick to ask the forgiveness of the court.

 

"Maawa naman po sana kayo, wala  naman po ako ipangbabayad. All I can do is to ask for your forgiveness," David said, drawing chuckles from the justices.

 

"Okay, apology accepted," Bautista replied smiling.

 

In a chance interview after the hearing, David explained that based on his years of experience as a lawyer, the arraignment is usually cancelled when the court is yet to resolve a pending motion.

 

"In my two decades of practice, kapag may pending motion ay nakaka-cancel talaga (ang arraignment). Pero kasalanan ko nga in-assume ko agad," David said.

 

David assured that Napoles will appear in her arraignment set on May 27, whether or not their pending motion is resolved by the court.

 

In September last year, the Department of Justice filed a tax evasion case against Napoles for her failure to pay more than P17 million in taxes despite her ownership of pieces of property in the US and the Philippines.

 

Due to her non-payment and because of interest, her liability has ballooned to P32 million.

 

The case stemmed from a tax evasion case filed by the Bureau of Internal Revenue last year for the younger Napoles' alleged failure to file income tax returns for 2011 and 2012, the years when she supposedly acquired the Ritz Carlton condominium unit in the United States and a farm lot in Pangasinan, respectively.

 

But Jeane's lawyers are contesting the case since they say she has no income of her own in those years and therefore is not required to pay income tax.

 

"Estudyante pa lang siya ng mga panahon na iyon. Wala pa siyang pinagkakakitaan, bakit siya magfifile ng ITR?," David said.

 

David admitted that his client was always nervous when she appears in court but is carrying herself well emotionally.

 

"Okay naman, nahahandle naman niya emotionally, pero siyempre she's nervous, hindi naman siya sanay sa ganyan at saka syempre bata pa siya," David said.

 

Napoles was present during the hearing but was immediately escorted out of the courtroom after the Third Division granted her motion.

 

Napoles is the youngest daughter of businesswoman Janet Lim-Napoles, the alleged brains of the multi-billion peso pork barrel scam.

 

The older Napoles is detained at Correctional Institution for Women in Mandaluyong City after she was found guilty of serious illegal detention. The case was filed by her nephew and pork barrel scam star witness Benhur Luy.

 

The older Napoles is also facing multiple plunder and graft cases before the Sandiganbayan in connection to the pork scam. - JJ, GMA News