MANILA, 28Aug2013 (PNA) – The Court of Appeals (CA) 4th Division on Wednesday “held in abeyance” the petition of Janet Napoles to invalidate the arrest warrant of issued against her by the Makati Regional Trial Court.
Instead, the CA asked both the Office of the Solicitor General and Napoles party to comment on her plea.
Napoles is the alleged “brains” behind the P10-billion pork barrel and P900-million Malampaya fund scams.
In the ruling written by Associate Justice Ramon Garcia, the CA did not issue a temporary restraining order in favor of Napoles.
Aside from Garcia, the said CA division is chaired by Associate Justice Amelita Tolentino along with Associate Justice Danton Bueser.
Instead, the CA ordered the government to file its explanation to the petition for certiorari filed by Napoles.
The CA directed the Office of the Solicitor General to file its comment within a period of 10 days from receipt of the resolution and not a motion to dismiss the case.
After the comment, Napoles will be required to file her reply within a period of five days.
Napoles earlier asked the CA to stop the implementation of the warrant of arrest issued against her and her brother Reynald “Jojo” Lim for allegedly detaining pork barrel scam whistleblower Benhur Luy for three months.
In a petition for certiorari, Napoles’ lawyers sought for the issuance of a TRO to prevent the Makati City RTC from applying the arrest order against them.
Napoles argued the Makati City RTC gravely abused its discretion when it issued the arrest order.
Lawyer Lorna Kapunan said Makati City RTC Branch 150 Judge Elmo Alameda hastily issued the arrest order despite pending motions for judicial determination of probable cause and to hold in abeyance the issuance of warrant of arrest filed by Napoles’ camp.
Kapunan said the Department of Justice also erred when it reversed an earlier resolution clearing Napoles of the case despite weak evidence presented by the National Bureau of Investigation (NBI) to warrant the same.
Impleaded in the petition were Alameda, Justice Secretary Leila M. De Lima, Prosecutor General Claro A. Arellano, Senior Deputy State Prosecutor Theodore Villanueva and NBI Director Nonnatus Caesar Rojas.
Luy and members of his family Annabelle Luy-Reario, Arturo Luy and Gertrudes Luy were also named respondents in the petition. (PNA)