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[av_heading heading=’CA acquits Napoles in illegal detention case’ tag=’h3′ style=’blockquote modern-quote’ size=” subheading_active=’subheading_below’ subheading_size=’15’ padding=’10’ color=” custom_font=”][/av_heading]
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Tuesday, May 9, 2017
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MANILA – The Court of Appeals (CA) has reversed the conviction of alleged pork barrel scam mastermind Janet Napoles in the serious illegal detention case involving her former aide and relative Benhur Luy.
In a decision dated May 5, the CA Twelfth Division granted Napoles’ appeal, resulting in the junking of the April 2015 ruling of the Makati City Regional Trial Court Branch 150.
Napoles’ appeal was backed by the Office of the Solicitor General, which filed in January a “manifestation in lieu of rejoinder” recommending the controversial businesswoman’s acquittal for serious illegal detention of Luy, her cousin.
Despite his position to move for Napoles’ acquittal, Solicitor General Jose Calida said the government did not enter a deal with Napoles.
In its decision acquitting Napoles, the CA said the prosecution has not discharged its burden of proof in establishing the commission of the crime charged and in identifying Napoles as the “malefactor responsible” for it.
Napoles, however, would remain in detention because she has pending plunder and graft cases before the Sandiganbayan in relation to the pork barrel scam, or the alleged systematic misuse of the Priority Development Assistance Fund (PDAF) of lawmakers.
Luy’s camp said they were “saddened” by the appellate court’s decision.
“We are saddened by this recent development. We have yet to receive the official copy of the decision. Moving forward, we are examining our options,” said Luy’s legal counsel Raji Mendoza in a text message.
Napoles and her brother, Reynald Lim, were accused of detaining Luy from December 20, 2012 to March 22, 2013 to prevent him from disclosing the businesswoman’s racket of siphoning off PDAF allocations through ghost projects.
The businesswoman had denied detaining Luy, claiming her estranged personal assistant went on a spiritual retreat in exchange for the non-filing of cases against him for allegedly stealing P300,000 and obtaining loans worth more than P5 million without her consent.
Napoles had been sentenced to reclusion perpetua, from 20 years and one day up to 40 years in jail, while Lim remains at large and was never arraigned.
Still, Lim is set to benefit from the CA ruling.
“While this case only involved the accused-appellant (Napoles) as the case against Jojo was archived by the lower court, any further proceedings to try Jojo criminally based on the same factual circumstances may have been rendered moot and academic, if not inutile, by this decision,” the CA said.
The decision was penned by CA Associate Justice Normandie Pizarro and was concurred in by Justices Samuel Gaerlan and Jhosep Lopez. (GMA News)
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