MANILA, 2Sept2013 (PNA) – The brother of Janet Lim Napoles has filed a petition before the Court of Appeals seeking to void the non-bailable warrant of arrest issued by the Makati City Regional Trial Court against him.
Napoles is the alleged “brains” behind the P10-billion pork barrel scam and the P900-million Malampaya fund scam.
In a 40-page petition for certiorari and prohibition filed by Reynald “Jojo” L. Lim at the CA last Aug. 22, he sought the intervention of the CA to declare that there is no probable cause against him for the crime of serious illegal detention of victim Benhur Luy.
Luy is the whistle blower in the pork barrel scam.
The petitioner also asked the CA that the Makati City RTC arrest 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 said.
Lim also asked the CA to issue a temporary restraining order to stop the arrest warrant issued by Makati City RTC Branch 150 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,” the petition said.
In addition, the petitioner asked that a writ of preliminary injunction be issued enjoining the NBI and other law enforcement agencies.
In the petition, Lim accused 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 petitioner 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,” he argued.
Lim even accused Luy of misleading Justice Secretary Leila M. De Lima after the latter ordered the rescue and ordered the investigation of the case.
“Petitioner maintains that agents of NBI acted in conspiracy with respondent Benhur Luy,” he added.
As of Monday, authorities have not yet arrested Lim. (PNA)