MANILA, Philippines - The Makati City Regional Trial Court Branch 150 on Thursday afternoon denied the petition for bail of businesswoman Janet Lim Napoles on the serious illegal detention case filed against her by pork barrel scam whistleblower Benhur Luy.
In a 15-page decision, Judge Elmo Alameda ruled that the evidence presented by the panel of prosecutors is strong to conclude that the offense of serious illegal detention has been committed by Napoles.
"In sum, the court rules that the evidence adduced by the prosecution is strong which leads this court to conclude that the offense of Serious Illegal Detention as charged, has been committed by Janet Lim Napoles," said Judge Alameda in his decision.
"Wherefore, in view of all the foregoing, accused Janet Lim Napoles' Urgent Motion for Bail is denied for lack of merit," the decision added.
The court set the case's pre-trial conference on December 9 at 10 a.m.
The judge also said in the ruling that the testimony of Luy ""undoubtedly show that the evidence against Janet Lim Napoles is strong."
"The testimonies are clear and convincing and excludes all reasonable probability of any other conclusion," he added.
Alameda said the prosecution panel was able to prove that Luy was deprived of his liberty, that his detention is unlawful and that the detention lasted for more than three days which is one of the elements of the crime of serious illegal detention under Article 267 of the Revised Penal Code.
In the last hearing on October 30 for Napoles' bail petition, her lawyer Alfredo Villamor presented his sole witness, Fr. Peter Edward Lavin.
Lavin 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.
The embattled businesswoman, also tagged as the mastermind in the P10-billion pork barrel scam, is currently detained in Fort Sto. Domingo in Sta. Rosa, Laguna.
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