THE brother of alleged pork barrel scam architect Janet Lim-Napoles has turned to the Court of Appeals for succor, asking the CA to void the non-bailable warrant of arrest issued by the Makati RTC against him
In a 40-page Petition for Certiorari and Prohibition filed by Reynald Lim at the CA dated August 22, 2013, the brother of Napoles sought the intervention of the appeals court to declare that there is no probable cause against him for the crime of serious illegal detention filed by Benhur Luy.
It was also prayed that the Makati RTC order be reversed and the issuance of warrant of arrest be quashed.
“After due notice and hearing, judgment be rendered as follows:
1. Declaring that there is no probable cause to issue warrant to petition for the crime of serious illegal detention;
2. Reversing the Order dated 14 August 2013; and
3. Quashing the order of arrest for lack of probable cause,” the petition reads.
Lim also asked that the CA must issue a temporary restraining order to halt the arrest warrant issued by Judge Elmo Alameda.
“Wherefore, premises considered, petitioner respectfully prays that immediately upon the filing of this petition, the Honorable Court issue a Temporary Restraining Order enjoining the National Bureau of Investigation and other agents of the government from enforcing the Order of Warrant of Arrest and public respondent judge from proceeding with the case a quo for a period of 60 days,” it says.
In addition, the petitioner respectfully prays that a writ of preliminary injunction be issued enjoining the NBI and other law enforcement agencies from arresting him.
In the petition, Lim accuses Judge Alameda of acting “whimsically and arbitrarily when he denied the motion for judicial determination of probable cause and issued the warrant of arrest even before the motion be heard.”
“Public respondent judge violated the constitutional right of the petition and acted with grave abuse of discretion amounting to lack of jurisdiction when he issued the warrant of arrest against petitioner despite the absence of probable cause. He failed to make an independent evaluation of the existence of probable cause and relied solely on the report of the public prosecutor. Had public respondent judge personally evaluated the evidence before him, he would have known that there is no probable cause to issue the warrant of arrest against petitioner,” it was argued.
Lim even accused Luy of misleading Justice Secretary Leila De Lima after the latter ordered the rescue of the whistleblower and ordered the investigation of the case.
“Petitioner maintains that agents of NBI acted in conspiracy with respondent Benhur Luy,” he added.
Until now, Lim was not yet been arrested by authorities.