Makati court orders arrest of Janet Lim-Napoles over illegal detention case

(Updated 9:51 p.m.) Janet Lim-Napoles, the businesswoman at the center of an alleged P10-billion pork barrel scam, has been ordered arrested in connection with the serious illegal detention case involving whistleblower Benhur Luy. "Warrants of arrest (were) issued this afternoon by Br. 150, RTC-Makati vs Janet Lim Napoles and her brother Reynald 'Jojo' Lim in the serious illegal detention case," Justice Secretary Leila de Lima told GMA News Online on Wednesday. The National Bureau of Investigation (NBI) has charged Napoles and Lim for the alleged illegal detention of Luy, lead employee of Napoles' JLN Group of Companies, which has been linked to anomalies involving the Priority Development Assistance Fund (PDAF), or pork barrel, of several lawmakers. Napoles' company was alleged to have been tapped in ghost projects of the government, pegged in one report as totalling P10 billion worth of projects, and these ghost projects were allegedly used by lawmakers for kickbacks. The Department of Justice (DOJ) had earlier cleared Napoles and Lim of illegal detention charges, but the NBI moved for the reversal of the decision. "The motion for reconsiderations of NBI and Benhur Luy were granted," De Lima said. De Lima said the case was non-bailable, and that the "NBI team (is) on its way to implement (the arrest warrants)." Luy’s legal counsel Levito Baligod welcomed the court’s order to issue a warrant of arrest. “’Yung paglalabas po ng warrant of arrest ay nagpapakita po na ‘yung husgado ay kumbinsido na mayroong probable cause para magkaroon ng isang pagbibista dito po sa kaso na ito,” he said in an interview with Jessica Soho on GMA News TV’s “State of the Nation” on Wednesday. “Ang katotohanan  po ay dinetain nila si Benhur Luy kasi ang tingin ho nila ay sila na ang otoridad. Kahit po sabihin natin na mayroong ngang tinangay na pera si Benhur Luy, hindi ho pwedeng sila ang magkulong kay Benhur Luy dahil hindi naman sila ang otoridad,” he added. Napoles was accused of taking Luy, a probable witness in the alleged scam, against his will and detaining him inside her condominium unit in Taguig City. In a March 1 letter to De Lima, Luy's relatives asked for help in ensuring his safety. They claimed Luy was illegally detained by Napoles and her brother "to ensure that nobody can directly implicate (the siblings) with the ongoing issues on the fertilizer fund scam, Malampaya fund scam, and anomalies in the implementation of several PDAF-funded projects." NBI agents rescued Luy last March 22 at the Pacific Plaza Tower, where he was detained for three months. In their complaint, Luy's family claimed they were only allowed by Napoles and Lim to see and visit Luy twice since he was "abducted" on Dec. 19, 2012. It was during the second visit that Luy "surreptitiously handed his hand-written note indicating that he is being detained against his will." However, Napoles in a 19-page comment she had sent ot the DOJ denied that she had detained Luy. "The contents of the said [hand-written] letter, the unrebutted apology letter dated December 19, 2012, the daily religious handwritten reflections, complainants' lack of urgency and Benhur's refusal to escape or be rescued, are all consistent with the finding that Benhur Luy was on spiritual recollection," Napoles said. Furthermore, Napoles, through her lawyer Lorna Kapunan, had said that the NBI agents investigating the alleged Luy detention and pork-barrel scam had tried to extort money from her. On June 10, however, the DOJ dismissed the case, saying it was "misled" in ordering Luy's "rescue," noting the supposed letter Luy sent to his parents denying that he was taken against his will. The NBI, as well as Luy, had appealed the DOJ's decision, resluting in the reversal. Earlier, De Lima had had issued a lookout bulletin order (LBO) against Napoles and Lim because they were considered "flight risks." An LBO requires all Immigration officials to be on the lookout or the alert in case the Napoleses pass through immigration counters in airports and seaports and to inform the National Prosecution Service (NPS) about it. The LBO's purpose is just to monitor an individual and not necessarily restrict him or her from leaving the country. — with a report by Rouchelle R. Dinglasan/KBK/BM, GMA News