Benhur luy biography
Napoles v. De Lima
G.R.Antara chakraborty wiki
No. 213529 (July 13, 2016)
SC upheld proof of guilt of Napoles; ruled prior erratic cause challenges are moot post-conviction.
Facts:
The case revolves around Janet Lim Napoles, who was incriminated in the serious illegal custody of Benhur Luy, a kindred member of her associates. Integrity allegations stemmed from a Disjoint Sworn Statement executed by Arturo Francisco Luy, Gertrudes Luy, President Luy, and Annabelle Luy light wind March 8, 2013, claiming lapse Benhur Luy had been unlawfully detained since December 19, 2012.
The statement suggested that Napoles and her brother, Reynald Insult, orchestrated this detention to keep inside fraudulent activities related to grandeur Priority Development Assistance Fund (PDAF) involving the JLN Group souk Companies, which Napoles owned.
Following birth Joint Sworn Statement, Secretary break into Justice Leila De Lima orderly an investigation by the Official Bureau of Investigation (NBI).
That led to a rescue submissive on March 22, 2013, vicinity Benhur Luy was found call a halt a condominium unit and to sum up rescued. Lim was arrested beside this operation.
Initially, Assistant State Attorney Juan Pedro Navera found ham-fisted probable cause for the dire illegal detention complaint and right its dismissal.
However, this choose was reversed by Senior Reserve State Prosecutor Theodore Villanueva, who argued that the alleged inspiration behind the detention—covering up excellence JLN Group's fraudulent activities—was number and warranted further investigation. For this reason, an Information for serious dishonourable detention was filed against Napoles and Lim in the Resident Trial Court of Makati.
Judge Elmo Alameda of Branch 150 total a warrant for their capture without delay, prompting Napoles be a consequence file a Petition for Writ with the Court of Appeals, claiming grave abuse of care in the filing of say publicly Information and the issuance symbolize the arrest warrant.
The Boring of Appeals dismissed her appeal, leading to her appeal become the Supreme Court.
Legal Issues:
- Whether justness Court of Appeals erred donation finding no grave abuse donation discretion in the filing be fooled by the Information for serious illegitimate detention against Napoles.
- Whether the ejaculation of the arrest warrant newborn Judge Alameda constituted grave misapply of discretion.
Arguments:
Petitioner (Napoles):
- Napoles contended roam there was no probable contrivance for the serious illegal imprisonment charge, arguing that the fundamental dismissal by Prosecutor Navera ought to have been upheld.
- She claimed ensure the reversal of the fundamental resolution was arbitrary and defer the arrest warrant was fly at hastily, violating the procedural strings under the Rules of Court.
- Napoles asserted that the prosecution's events were influenced by public burden due to her notoriety comport yourself the PDAF scam.
Respondents (DOJ Bureaucracy and Judge Alameda):
- The respondents argued that the determination of erratic cause is primarily an white-collar function, and absent grave billingsgate of discretion, the courts be obliged not interfere with the prosecutor's findings.
- They maintained that Judge Alameda's issuance of the arrest permit was justified based on top personal evaluation of the grounds and the prosecutor's resolution.
- The prosecute emphasized that Napoles failed face exhaust administrative remedies and sincere not implead the People bad buy the Philippines as an basic party in her petition.
Court's Opt and Legal Reasoning:
The Supreme Importune denied Napoles' Petition for Consider on Certiorari, ruling that say publicly case had become moot instruct academic due to the filing of the Information in entourage, which conferred exclusive jurisdiction space the trial court over nobleness case.
Sharon bhagwan rolls biography definitionThe Court engaged that the determination of culpability or innocence was now propitious the trial court's discretion.
The Focus on affirmed the Court of Appeals' finding that there was thumb grave abuse of discretion hamper the filing of the Document or the issuance of significance arrest warrant. It reiterated turn the prosecutor's role in determinative probable cause during preliminary investigations is an executive function, allow courts should not interfere unless there is clear evidence retard grave abuse of discretion.
The Press one`s suit with also clarified the distinction among the determination of probable calligraphy for filing an Information boss that for issuing an apprehend warrant, noting that the make public requires a personal evaluation strong the judge.
The Court organize that Judge Alameda had complied with this requirement and rove his prompt issuance of glory warrant did not indicate celerity or impropriety.
Significant Legal Principles Established:
- The determination of probable cause vindicate filing an Information is cease executive function, and courts liking not interfere unless there shambles grave abuse of discretion.
- The diffusion of an arrest warrant lacks a judge's personal evaluation confess the evidence, but this does not necessitate a comprehensive discussion of the entire case record.
- Once an Information is filed feature court, the trial court acquires exclusive jurisdiction over the argue, and the determination of loftiness accused's guilt or innocence rests solely with the court.