MANILA, Philippines - Businesswoman Janet Lim-Napoles yesterday asked the Makati Regional Trial Court (RTC) Branch 150 to allow her to post bail.
Makati RTC Branch 150 clerk-of-court Diosfa Valencia said Napoles, through her lawyer Lorna Kapunan, argued that she is entitled to post bail even though she is charged with a non-bailable offense because the evidence against her is weak.
Valencia said the court would hear Napoles’ motion to post bail at 1:30 p.m. on Friday.
Makati RTC Branch 150 Judge Elmo Alameda earlier denied Napoles’ motions to suspend proceedings and for a bill of particulars, saying the charge of serious illegal detention against her and her brother Reynald Lim by their cousin Benhur Luy is sufficient.
In her urgent motion for bill of particulars, Napoles said the case against her is defective and vague.
Napoles added that she is not in a position to defend herself because she is not sufficiently informed of the crime she is being charged with.
But the court said the case “accurately and clearly allege all the essential elements†of serious illegal detention. It also “meets the constitutional guarantee that accused Janet Lim-Napoles is informed of the nature of the accusation leveled against her,†it added.
“The information sufficiently allege that the accused are private individuals; they detained Benhur Luy and deprived him of his liberty; their act of detaining Benhur is illegal; in the commission of the offense, the detention lasted for more than three days,†the order stated.
Napoles also earlier filed a motion to defer her arraignment, saying she has a pending petition for certiorari with the Court of Appeals (CA).
But Alameda said a pending petition for certiorari before the CA will not automatically suspend the proceedings. He added that if the court fails to proceed with the arraignment of Napoles, he as presiding judge could be slapped with an administrative case because the CA has not issued a temporary restraining order or preliminary injunction.
Alameda also denied the motion to suspend proceedings filed by Lim, saying the latter is not entitled to such relief.
“There is no law or rule which prohibits this court from proceeding with the case even if the accused Reynald Lim has a pending motion for reconsideration filed with the Department of Justice,†he said.
He added that Lim, who remains at large, has not been placed under the jurisdiction of the court.
Alameda ordered that the arraignment of Napoles push through on Sept. 23 at 1:130 p.m.