MANILA: Businesswoman Janet Lim Napoles yesterday again asked the Makati Regional Trial Court Branch 150 to defer her arraignment for the charge of serious illegal detention, an unbailable offence.
Napoles is set to be arraigned on Monday at 1:30pm.
According to Atty Diosfa Valencia, RTC branch 150 clerk-of-court, Napoles, through her lawyer, Lorna Kapunan, argued in her urgent motion that the arraignment be deferred as there is still a pending petition for certiorari before the Court of Appeals.
Valencia added that Napoles also filed yesterday a motion for the reconsideration of the court’s earlier decision denying a motion for a bill of particulars.
Valencia said the two motions will be heard Friday by presiding judge Elmo Alameda at 1:30pm.
“Judge Alameda will issue his decision during the hearing of the motion to defer arraignment,” said Velencia.
On Tuesday, Kapunan filed a motion asking that her client be allowed to post bail arguing that the evidence levelled against her is weak. The motion to post bail will also be heard by the court today.
Last Friday, Judge Alameda denied the motion to suspend proceedings and the motion for a bill of particulars earlier filed by Napoles.
In her urgent motion for bill of particulars, Napoles who is facing a charge of serious illegal detention filed by her cousin Benhur Luy, argued that the charge of serious illegal detention is defective and vague.
Napoles also added that she is not sufficiently informed of the crime she is being charged with. Napoles argued that as the charge against her is vague, she is not in a position to defend herself.
In his six-page order, Judge Alameda said the charge of serious illegal detention filed against Napoles and her brother Reynald Lim is sufficient.
“Evidently, the information sufficiently alleged 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 offence, the detention lasted for more than three days. Clearly then, the information accurately and clearly allege all the essential elements of the offence charged to enable accused Janet Lim Napoles suitably to prepare for her defence. The information also meets the constitutional guarantee that accused Janet Lim Napoles is informed of the nature of the accusation levelled against her,” said the order.
Napoles, through her lawyer, Kapunan, also earlier filed an 18-page motion to defer her arraignment saying she has a pending petition for certiorari with the Court of Appeals.
However in his order, Judge Alameda said the mere pendency of a petition for certiorari before the Court of Appeals will not automatically suspend the proceedings.
The Philippine star
