THE Court of Appeals (CA) has upheld the issuance of an arrest warrant for Reynaldo Lim, brother of Janet Lim-Napoles, who is facing charges of serious illegal detention as well as graft and plunder in other courts.
The appellate court junked Lim’s petition to quash the warrant issued by Makati City RTC Branch 150 Judge Elmo Alameda for lack of merit. The decision was penned by Associate Justice Noel Tijam and concurred in by Associate Justices Romeo Barza and Ramon Cruz.
“We are not prejudging the criminal case or the guilt or innocence of the petitioner. We are simply saying that, as a general rule, if the information is valid on its face, there is no showing of manifest error, grave abuse of discretion or prejudice on the part of the public prosecutor, courts should not dismiss it for ‘want of evidence’ because evidentiary matters should be presented and heard during the trial,” the court pointed out.
The CA also gave credence to the findings of the lower court that there is probable cause against Lim. It ruled that there was no grave abuse of discretion on the part of the judge when he issued the questioned warrant.
It was Benhur Luy who filed charges of serious illegal detention against Janet Lim-Napoles and her brother Reynaldo.
The graft and plunder charges against Janet at the Sandiganbayan stemmed from her role as alleged mastermind of the P10-billion pork barrel scam.