MANILA – The Supreme Court junked a petition filed by Reynald Lim, brother of alleged pork barrel scam queen Janet Lim-Napoles,in order to prevent his arrest for his suspected involvement in the detention of Benhuy Luy.
The Supreme Court’s First Division used the Court of Appeals’ decision in November 20, 2013 and resolution in July 2, 2014 that affirmed the order of Judge Elmo Alameda of Makati City Regional Trial Court Brand 150 that found probable cause to order the arrest of both Lim and his sister.
The order was issued after the Department of Justice filed serious illegal detention charges against the two for allegedly imprisoning Luy from December 19, 2012 to March 22, 2013.
According to Luy, he was detained to stop him from reporting what he knows about Napoles’ racket which involves misuse of the Priority Development Assistance Fund (PDAF) of the lawmakers.
In the ruling, the Supreme Court took the side of the Court of Appeals, saying “It is evident from the order of Judge Alameda that the finding of probable cause was issued only after he reviewed the proceedings before the prosecutor and after he examined the documents presented.”
The court added, “We likewise agree with the [Court of Appeals] that the appellate court cannot freely delve into matters [that], by constitutional fiat, rightly rests on Judge Alameda’s personal judgment. Unless the contrary is proven, the presumption of regularity in the performance of his official functions is sustained. There is nothing in the rules [that] require a judge to conduct a hearing before he issues an order finding the existence of probable cause and order of arrest.”