THE Court of Appeals (CA) has ruled that businesswoman Janet Lim-Napoles, the alleged pork barrel scam architect, must stay in jail for illegally detaining whistleblower Benhur Luy.
The ruling came after the appellate court junked a motion for reconsideration filed by Napoles that sought her release from jail and the dropping of criminal charges against her for the crime of serious illegal detention.
In a two-page resolution obtained by The Manila Times dated July 8, 2014, and penned by Associate Justice Ramon Garcia, the CA’s former Special Third Division ruled that Napoles’ motion had no merit.
“The issues raised in the instant motion have already been judiciously evaluated and passed upon in our aforementioned decision. We therefore, find no compelling reason to modify or reverse the same,” the court said.
It upheld a resolution dated August 6, 2013 of the Department of Justice (DOJ) Task Force on Anti-Kidnappping directing the filing of an information against Napoles and her brother Reynald Lim for the crime of serious illegal detention and the warrants of arrest issued by the Regional Trial Court (RTC), Branch 150, Makati City (Metro Manila), against them.
Associate Justices Rebecca de Guia-Salvador and Vicente Veloso concurred with the Garcia ruling.
The case stemmed from a complaint filed by Luy, a former Napoles employee who turned whistleblower in the pork barrel scam case, claiming that Napoles and Lim detained him for two to three months starting December 2012.
He said he was held against his will by his cousin Napoles after she found out that he had secured a P5.5-million loan using her name and without her authorization and allegedly stolen P300,000 from her.
Luy’s camp said he was detained primarily to prevent him from spilling the beans on Napoles’ anomalous transactions. Luy was rescued by National Bureau of Investigation (NBI) agents in March 2013.
Napoles and her brother Reynald were ordered arrested in August 2013 over the illegal detention case.
She surrendered to President Benigno Aquino 3rd after it was announced that he had offered a P10-million reward for her arrest.
Reynald is in hiding.