Here’s a “mini-transcript” of the cross of today’s prosecution witness in People vs. Janet Lim-Napoles for serious illegal detention, bail hearings, lifted from the live tweets of Rappler reporter Bea Culpin. I re-arranged them for a chronological presentation; I had to proceed backwards and embed each and every tweet (copy-paste) from earliest to latest. (hope you appreciate the eiy-ffo-ort):
From Bea Culpin’s live tweets: “The Makati RTC hears Napoles’ bail motion today. Defense ready with multimedia presentation
“NBI’s Dante Berou is the prosecution’s first witness for today’s motion for bail hearing.
“Prosecution now marking evidence connected to the NBI’s “rescue” of Benhur Luy.
“NBI’s Berou recalls night they “rescued” Benhur: Reynald Lim turned pale when he learned Luys were suing them for serious illegal detention
“NBI’s Berou: A group of 5 entered Lim condo in Pacific Plaza. A tall woman started speaking “very unpleasant words” for 3 minutes.
“NBI was going to impose authority to arrest Reynald Lim but his companions said He had heart condition. He was brought to St Luke’s.
“Berou says they later found out Janet Napoles was the lady saying “unpleasant words” the night Luy was rescued.
“Defense now set to hold cross examination of NBI’s Berou. Berou was part of team that extracted Benhur from Pacific Plaza Towers in Taguig.
“Kapunan: How did you ascertain that Benhur Luy was really seriously illegally detained? Berou: Based on testimony of family.
“Kapunan: As investigator, you relied solely on family? But they aren’t objective, they might be overly worried.
“Kapunan: Why didn’t you check venues where Benhur was allegedly detained? Berou: In my experience you can’t bec victim might be killed.
“Alameda: Did you try to verify the complaint? NBI’s Berou: Bec of sensitivity of case, only chief would directly interact w/ complainants.
“Were you authorized to conduct independent investigation in serious illegal detention charges? NBI’s Berou: No. #napoles
“Kapunan to NBI’s Berou: As an investigator, did it not occur to you to call Janet #Napoles to check accusation of serious illegal detention?
“Kapunan asks Berou: If this was serious illegal detention, why did it take 2 weeks for NBI to “rescue” Benhur Luy?
“Berou: March 22 was the only time Reynald Lim would meet with the Luys. Kapunan: So it wasn’t a rescue. It was an entrapment.
“Kapunan: Did you have search warrant when you entered Reynald Lim’s unit in Pacifix Tower? Berou: No.
“Berou: A person is allowed to force entry, even break in when there is personal knowledge of a crime being committed.
“Was Benhur restrained? Berou says no. Were there bodyguards? No, NBI’s Berou says. #Napoles
“NBI’s Berou says Benhur Luy was trembling when he approached. Kapunan: So you are the source of the threat?
“Kapunan: Why didn’t you ask Benhur if he was being illegally detained? Benhur earlier told NBI: “Walang ginagawang masama si [Reynald Lim].”
“Defense to show CCTV video taken night Benhur was “rescued.” Alameda: We have to authenticate. Court rules we won’t allow playing of video.
“Kapunan: What crime was Reynald Lim committing when you arrested without warrant? #Napoles
“Did you verify who owns the unit that you raided? Berou: Owned by Janet Napoles but occupied by Reynald Lim and family, Benhur Luy.
“Kapunan: So you didn’t just threaten Luy, you also caused heart attack of Reynald Lim. Alameda orders statement to be stricken off record.
“Kapunan: No basis in saying Benhur was restrained, not let out of retreat house. Benhur and Reynald Lim were going out for meals, coffee.
“Kapunan how showing media copy of letter that Benhur Luy wrote during retreat. She says it’s proof that he was not detained.
“Next hearing on Napoles motion for bail set 2pm today.
“Hearing continues for Napoles motion for bail. NBI’s Dante Berou called back to the stand.
“Prosecutor Chris Garvida manifests. He says Kapunan showed to media CCTV footage that Alameda disallowed earlier.
“Kapunan: We did not show CCTV. What we showed was letter of Benhur Luy. We were testing it on screen and media were here.
“Kapunan questions why letter allegedly written by Benhur is missing from joint affidavit of relatives. Original copy w/ De Lima, Berou says.
“The letter that Kapunan shows before the court now is the same one they presented media earlier. They don’t have original copy though.
“Kapunan moves to strike Berou’s testimony off record bec he wasn’t involved in investigation. Judge Alameda says court will decide on that.
“Why didn’t Berou ask where Janet Napoles was during rescue operation? Berou: They got info that Napoles wasn’t in Pacific Plaza.
“Kapunan: What unpleasant words did this tall lady (Napoles) say? Berou: “Putangina.” Kapunan: I say that every day.
“Kapunan: Didn’t you wonder why this tall woman was saying unpleasant words? Berou: That’s the usual reaction of relatives when we arrest.
“NBI’s Berou says photo of Janet Lim Napoles was different from the “tall lady” they met at Pacific Plaza.
“Kapunan: Why didn’t you go back to Pacific to arrest Napoles who your statements states is mastermind of serious illegal detention?
“Berou: We didn’t go after Napoles bec she left the same time we did to an unknown location. By that time we were busy…
“Kapunan: Are you saying you didn’t seek Napoles out, that she wasn’t important?
“Prosec: Was there anything in Luy’s letter that indicates he wasn’t detained? Berou: No. Kapunan objects, Alameda says it stays on record.
“Prosec: Why didn’t you contact Napoles to investigate? Berou: In kidnapping, you don’t subpoena kidnappers. You put life of victim at risk.
“Kapunan on Lim arrest: Why didn’t you prepare arrest, search warrant? Does lack of time justify NBI enter private property w/o warrant?
“Kapunan on Lim arrest: Why didn’t you prepare arrest, search warrant? Does lack of time justify NBI enter private property w/o warrant?
“Berou says Benhur initially resisted NBI rescue because he thought they were police sent by Reynald Lim.
“But in affidavit, Benhur said he resisted rescue because he mistook NBI for people sent by mayors, senators.
“Prosecution asks that Napoles be brought here so that Benuo can identify her as the tall lady.
“Witness Beruo is excused. Five minute recess called. Hearing for Napoles bail continues.
“Next witness: Mariaflor Villanueva, a friend of Benhur. She allegedly heard Napoles give instructions to prepare room to detain Luy.
“Villanueva, a family friend of Benhur’s, says she overheard Napoles order someone to detain Benhur Luy.
“ “Ikuha niyo nga ako ng isang kwarto, yung hindi siya makakatakas kasi iimbestigahan ko siya.” -Janet Napoles, quoted by witness Villanueva
“Witness Villanueva excused. (at about 4:50 pm today).
“Schedule of next … bail hearings: Oct 2, 9am; Oct 7, 2pm; Oct 14 at 2pm; and Oct 25 at 9am and 2pm.” From the live tweets of Rappler reporter Bea Culpin.
People vs. Janet Lim Napoles, et al for for serious illegal detention: As of posting time, the first prosecution witness, the NBI agent who came to the aid of BenHur Luy, is being crossed on the following: whether or not he was armed with a search warrant when he entered the premises; and accused’s lawyer tried to show a CCTV footage of BenHur Luy walking on the corridor etc but was not not allowed by the Court at this time.
The prosecution needs to prove that: BenHur Luy was detained or deprived of liberty, for more than five days by the accused, to constitute the crime of serious illegal detention. Based on jurisprudence, serious illegal detention is not limited to locking up a person but includes all forms of deprivation of liberty, as follows:
“Revised Penal Code. Art. 267. Kidnapping and serious illegal detention. – Any private individual who shall kidnap or detain another or in any manner deprive him of his liberty shall suffer the penalty of reclusion perpetua to death:
“1.If the kidnapping or detention shall have lasted more than five days.
“2.If it shall have been committed simulating public authority.
“3. If any serious physical injuries shall have been inflicted upon the person kidnapped or detained; or if threats to kill him shall have been made.
”4.If the person kidnapped shall be a minor, female, or public officer.
“The penalty shall be death where the kidnapping or detention was committed for the purpose of extorting ransom from the victim or any other person, even if none of the circumstances abovementioned were present in the commission of the offense.”
“Art. 267 was taken from… the old Penal Code. The Spanish version uses the terms “lock up” (“encerrar”) rather than “kidnap” (“sequestrar or raprar). Locking up is included in the broader term of detention, which refers not only to the placing of a person in an enclosure which he cannot leave, but also to any other deprivation of liberty which does not involve locking up” (Justice Ramon Aquino, Revised Penal Code, citing Groizard and Cuello Calon cited in Marasigan and Robles, CA 55 O.G. 8297)
As of 1:30pm .Guide for reporters: this should not be referred to as a hearing in the sense that there would be no reception of evidence, this is an arraignment. In ordinary cases, it takes no more than 15 minutes.
The clerk of court will call the case. People of the Philippines versus Janet Lim-Napoles, et al , for serious illegal detention. Appearances.
Lawyers will enter their appearances.
Judge will go through the formality of asking: Is the accused in court?
The clerk of court (or prosecution or the accused’s lawyer or the PNP) will reply: Accused Janet Lim-Napoles is in court your honor.
The judge may ask, what about the other accused? And the clerk of court may reply. The judge may then address the accused present and go thru the formality of asking: are you represented by counsel (even after appearances, this is just a formality and for the TSN). Accused will reply yes. Judge may ask what language would she prefer for the Information to be read in, and accused will reply.
Judge will say: Proceed with the arraignment. The Information or formal charge will be read by the clerk of court. (sometimes, in ordinary cases, counsel can say we waive reading your honor. Not so here I think).
The judge will say, what say you/ or what is your plea
The accused can either say: Not guilty, or can refuse to enter a plea on jurisdictional grounds, or can say guilty. If the accused refuses to enter a plea, a plea of not guilty will be entered for the accused.
Trial dates will now be set. In ordinary cases, the clerk of court starts looking at the court calendar, the lawyers will start checking their datebooks; in ordinary cases, some haggling may occur between the lawyers as to the dates because they have other hearings etc etc. In this case, however, bail hearings have been set this Friday Sept 27, marathon.
As to the bail hearing: i’ve never seen a court finish in one day receiving all of the evidence of the prosecution and the accused in a bail hearing (bail hearings are set for capital offenses where the accused files a motion for bail on grounds of insuffiency of evidence), because it depends on the length of the cross. If there’s no cross, you can finish eight witnesses in one day — but there are always crosses, it’s the right of the accused. So the amount of time it would take for the presentation of witnesses depends on the length of direct and cross but mostly the cross, objections, arguments, counter-arguments, gnashing of teeth, gesticulating, etc etc. To the credit of Atty. Lorna Kapunan, she does not grandstand during trial, she is pretty straightforward, unlike most other lawyers in high-profile cases.
