CA upholds illegal detention raps, arrest warrant vs Napoles brod

The Court of Appeals has upheld an illegal detention case and arrest warrant against trader Janet Lim-Napoles' brother, Reynald Lim.

 

In a 20-page decision, the CA Seventh Division denied a petition for certiorari and prohibition filed by Lim contesting Makati Regional Trial Court Branch 150 Judge Elmo Alameda's ruling in which he allegedly acted "whimsically and arbitrarily when he denied the motion for judicial determination of probable cause and issued the warrant of arrest even before the motion (could be) heard." 

 

"Injunction will not lie to enjoin a criminal prosecution because public interest requires that criminal acts be immediately investigated and prosecuted for the protection of the society," said the appeals court in its ruling, saying Judge Alameda did not commit grave abuse of discretion as alleged by Lim.

 

"Wherefore petition is hereby denied.  The challenged orders both dated August 14, 2013 of the Makati RTC Branch 150 are affirmed," the CA said.

 

Lim's petition with prayer for the issuance of a temporary restraining order was earlier raffled off to the Seventh Division chaired by Associate Justice Noel Tijam, which last June ordered that drug suspect Joan Urbina be released because her incarceration without formal charges was "violative of petitioner’s Constitutional rights to a speedy disposition of her case and to due process of law.”

 

In his petition, Lim insisted there was no probable cause to charge him for the supposed illegal detention of Benhur Luy, an employee of his sister Janet's JLN Corp and a whistleblower in the "pork barrel" fund scam.

 

Siblings Lim and Napoles allegedly detained Luy from December 2012 to March 2013 after learning he was planning to put up a business to compete with JLN Corp.

 

Napoles had also accused Luy of securing loans using her name but without her authorization, as well as stealing money from her.

 

Napoles earlier surrendered to President Benigno Aquino III, with the government claiming that Lim would soon surrender as well. Napoles is currently detained in Laguna. —KG, GMA News