Last month, the blog posted that Janet Lim-Napoles could be brought to the Senate on a Senate subpoena only upon order of the RTC Makati.
The Senate had issued a subpoena, and yesterday afternoon, the RTC Makati announced that it would allow the accused Lim-Napoles to be transported to Roxas Boulevard on Nov. 7 to to attend the Senate hearing, according to the news dailies. i guess… the clerk of court typed up or would type up an order for the judge’s signature. Or… i guess the judge made the announcement in open court with the parties present so it had the effect of an order.
Normally… unless an emergency is involved, before the Court moves the body of the accused around, across cities, etc., it issues an order and the accused’s lawyer and next of kin is informed (normally — if it is not an emergency — the parties are notified beforehand).
Normally, the procedure followed here is, the PNP appears before the judge in open court and informs him/her that there is a need to move the accused around, etc. etc.
So i guess… the judge followed the normal procedure for non-emergency moving around of the accused…
News peg: Janet Lim-Napoles has been subpoenaed by the Senate to attend a Senate hearing (presumably by the Blue Ribbon Commitee) this Thursday Sept. 26, 2013; and for this purpose, a letter has been sent to the Ombudsman who is conducting a preliminary investigation of the complaint for plunder filed by the DOJ based on evidence on the so-called P10 billion pork barrel scam.
Can accused Janet Lim-Napoles (accused in the serious illegal detention case and respondent in the plunder case) attend the Senate hearing this Thursday, Sept. 26? No. Nope. Nopey. Not without a court order. She is under detention by order of the RTC Makati. Only the RTC Makati can order her removed from her place of detention. You can try serving the subpoena on her guards but it will not be honored. Don’t try citing the guards for contempt because it is the RTC Makati which has jurisdiction over her person.
