Napoles asks for hospital confinement due to 'ovarian tumor'

MANILA, Philippines - Businesswoman Janet Lim Napoles, through her lawyer, on Tuesday asked the local court in Makati City to allow her to be confined at the St. Luke's Hospital at the Bonifacio Global City in Taguig City to undergo a thorough and comprehensive medical examination for a possible ovarian tumor.

In a four-page "Urgent Motion To Conduct Medical Examination," Napoles, through her lawyer Fay Isaguirre Singson, asked the Makati Regional Trial Court Branch 150 to allow the examination to be done by Obstetrician and Gynecologist (OB-GYN) Dr. Elsie Badillo-Pascua at the St. Luke's Global City.

Singson narrated in the urgent motion that last October 24, Napoles was rushed by her police guards from the Fort Sto. Domingo in Sta. Rosa, Laguna to the emergency room of the Southern Luzon Hospital and Medical Center due to severe abdominal pains. Prior to this, Singson said Napoles had been complaining of profuse menstrual bleeding for nine consecutive days.

Singson said the Philippine National Police, through its authorized physician, also conducted a similar medical examination on Napoles. However, the PNP has yet to release to the results of the examination to the businesswoman.

Singson said that last December 14, Napoles' endocrinologist from St. Luke's Global City, Dr. Michael Lim Villa examined Napoles at the police camp after she had complained of hypoglycemia, drastic weight loss, chest pains, severe abdominal pains and profuse menstrual bleeding.

The lawyer added that when Napoles showed Villa the results of her CT scan dated Oct. 24, 2013, Villa said that there's a possibility that she has ovarian tumor. Villa then suggested that Napoles be examined by Pascua.

Singson said that it was Pascua who recommended further gynecological work up including a transvaginal ultrasound examination, a comprehensive medical check-up at the reputable hospital.

"These comprehensive examinations and medical procedures cannot be conducted inside the Fort Sto. Domingo, where accused is currently detained, for lack of facilities," said Singson.

Singson said Napoles was constrained to file the urgent motion after her petition for bail and the later motion for reconsideration were denied by the court.

"Despite the medical advice as of December 19, 2013, of Dr. Pascua for the comprehensive gynecological work up and transvaginal ultrasound examination of herein accused, she opted to suffer in silence and endure the pain in solitude, in order to spare her family from worrying, as well as to avoid unnecessary media attention. Considering further that at that time, accused has a pending petition for bail, she was hoping that should it be granted, her temporary liberty would enable her undergo such tests. Unfortunately, her petition for bail has been denied. And very recently, on February 13, 2014, her motion for reconsideration on the petition has been denied as well. So much that accused is constrained to file this instant motion," said Singson in the urgent motion.

Hospital arrest

Singson added that should confinement be suggested by her doctor, Napoles requests that she be allowed by the court to be placed under "hospital arrest" at the St. Luke's Hospital at the Bonifacio Global City in Taguig.

"Depending on the outcome of her examination and upon the advice of her doctor, should confinement be necessary, it is also most respectfully requested that accused be placed under hospital arrest also at the St. Luke's Hospital, Global City, Fort Bonifacio, Taguig City, Metro Manila," Singson added in the urgent motion.

Meanwhile, Presiding Judge Elmo Alameda declined to decide on the urgent motion without first hearing the testimonies of Dr. Pascua and the government physician assigned by the PNP to Napoles.

"The court will rely on the testimonies of the doctors. There is a government doctor there (at Fort Sto. Domingo). The court will hear the testimonies of the private and government physicians. The court will then form its conclusion on the propriety of granting the petition or not," said Judge Alameda.

Alameda ordered that subpoenas be sent to Dr. Pascua and the PNP physician assigned to Napoles at Fort Sto.Domingo to appear before the court and give their respective testimonies during the hearing set for February 24 at 10 a.m.

Bail petition

Meanwhile, Afredo Villamor who is representing Napoles in the serious illegal detention case filed by her cousin and pork barrel whistleblower Benhur Luy told reporters that he would be the asking the Court of Appeals to review the decision of the Makati court junking the businesswoman's bail petition and the later motion for reconsideration by filing a writ of certiorari.

In the hearing of the case, the panel of prosecutors led by Christopher Garvida said they would be presenting five witnesses when the hearing continues on March 18. To be presented as prosecution witnesses are Benhur Luy, his mother Gertrudes, sister Annabelle Luy-Reario, Merlina Pablo Sunas and National Bureaunof Investigation agent Rodante Berou.

In addition, Garvida said the prosecution would also be presenting as witness a still unidentified Metrobank-Ortigas employee to testify how funds were transferred from Luy's account to the account of Napoles.

Villamor, meanwhile, told the court that the defense panel will be presenting 18 witnesses, mostly priests from the retreat house in Magallanes Village in Makati City where Luy was supposedly detained.

To be presented as witnesses for the defense are Patricio Asoy, William Lim, Msgr. Ramirez, Fr. Paul Yang, Fr. Peter Guo, Fr. Joseph Gao, Fr. John Ma, Fr. Paul Dong, Abelardo Gernale, Jethron Bande, Madylon Habana, Ana Marie Lim, Fernando Masayon, Feliciano Alcantara, Expedito Rosales, Peter John Castillo, Napoles herself and her brother and co-accused Reynald Lim.

It would be recalled that during Napoles' last bail petition hearing last October 30, the defense panel presented as witness Fr. Peter Edward Lavin.

Lavin, the defense panel's sole witness, was presented to prove the defense panel's argument that Luy was not illegally detained but had only spent a spiritual retreat at a house in Magallanes Village reportedly owned by Napoles.