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Witness: ‘Pork’ scam whistleblower Benhur Luy resisted NBI rescue


(Updated 2:16 p.m.) Benhur Luy, the principal witness in the alleged P10-billion pork barrel scam, had resisted being rescued by National Bureau of Investigation agents on March 22, 2013 at the Pacific Plaza Towers condominium in Taguig City, a defense witness told a Makati court on Tuesday.

The camp of Janet Lim-Napoles presented Ferdinand Masayon, the on-duty security guard at the time of Luy's rescue, before Makati Regional Trial Court Branch 150 Judge Elmo Alameda.
 
Taking the witness stand, Masayon recalled that when the NBI agents approached Luy, the whistleblower 'resisted' being taken by them.

"Nagpupumiglas siya [Luy] ... ayaw niyang sumama sa NBI," Masayon said when asked of Luy's reaction on the rescue.
 
He added that Luy even shouted: "Walang kasalanan si Sir Jojo (Reynald Lim), at hindi raw siya kinidnap."

It was after Luy was rescued that he divulged the pork scam supposedly masterminded by Napoles to authorities.

After months of investigation, the government filed plunder and graft cases against several personalities, including Senate Minority Leader Juan Ponce Enrile and Senators Jinggoy Estrada and Ramon Bong Revilla Jr., over the alleged scam. 

At present, the three senators are detained at Camp Crame over the pluder and graft charges. 

Napoles and her brother Reynald "Jojo" Lim were charged with serious illegal detention involving Luy.
 
Napoles is accused of taking Luy, the principal witness in the alleged pork barrel scam, against his will and detaining him inside her condominium unit in Taguig City.

Masayon's testimony
 
In his testimony, Masayon recalled that Luy's family arrived at the condominium at 8:14 p.m.
 
He said Reynald Lim, Napoles' brother, had earlier informed him of the arrival of the Luy family.
 
"Ako ang nagpapasok sa kanila kasi 'yon ang utos ni Sir Jojo (Reynald Lim)," he said. "Pero hanggang sa lobby ko lang sila sinamahan."
 
He added that after a few minutes, a group of people, who identified themselves as NBI agents, arrived at the condominium, demanding to enter and rescue Luy.
 
Masayon said he had asked the advice of his supervisor, Feliciano Alcantara, whether to let the agents enter the the condominium unit.
 
Alcantara then advised him to inform Lim, he added.
 
"Tinawag ko at sinabi kong may bisita siya—hindi ko sinabing NBI—at sabi naman niyang papasukin," he noted.
 
He then accompanied the five agents to Lim's condominium unit.
 
"Sa lima, tatlo lang ang pumasok," he said. "Doon po siya nakaupo sa sofa, sa loob ng unit of south garden, na pinagmay-ari ni Jojo Lim."
 
It was then that Masayon said Luy appeared to resist being rescued by the NBI agents.
 
'Not kidnapped'
 
For his part, Alcantara, another defense witness, told the court that he only went inside the unit after he heard people screaming.
 
"Nakaupo si Luy sa sofa, at sinisigawan niya ang kanyang pamilya. Sinisigaw niya, 'Ano ba kayo hindi ako kinidnap'," he said.
 
Alcantara added that the Luy family was forcing Benhur to go with the NBI agents. Benhur, however, resisted.
 
"Hindi siya mukhang takot, nagagalit siya... Kasi kung takot siya, sana nilapitan niya kami ni Masayon," he added. "'Yan lang po narinig ko kasi umalis na ako agad, mga three minutes lang ako doon."
 
Other witnesses
 
Meanwhile, the court has set the continuation of the defense' presentation of evidence on Sept. 16 at 9:30 in the morning.
 
Napoles' legal counsel, lawyer Bruce Rivera on Tuesday asked the court to subpoena Madylon Habana, CCTV operator at the Pacific Plaza Towers condominium, and Adeline Susan Carag, general manager of the same company for the hearing on September 16.
 
He also asked the court to order Habana to bring with her the CCTV footage from 8 p.m. to 10 p.m. on March 22, 2013, the day when NBI agents allegedly rescued Luy.
 
Rivera explained that the two refused to show up without a subpoena.
 
Meanwhile, the camp of Napoles also plans to present the following as witnesses:
  • Patricia Asoy
  • William Lim
  • Monsignor Ramirez
  • Fr. Paul Yang
  • Fr. Peter Guo
  • Fr. Joseph Gao
  • Fr. John Ma
  • Fr. Paul Dong
  • Abelardo Gernale
  • Jetron Bande
  • Ana Marie D. Lim
  • Expedito Rosales
  • Peter John Castillo
  • Janet Lim Napoles
 
Likewise, if Lim will surface, he will also be ordered to testify, said Rivera.
 
The court entered a not guilty plea for Napoles on Sept. 23, 2013 after she refused to enter any plea during her arraignment. She is currently detained at Camp Bagong Diwa in Taguig, this time in connection with the plunder and graft cases she is facing before the Sandiganbayan.
 
Lim, on the other hand, remains at large. — RSJ/KG, GMA News