In a resolution made public Friday, the high court鈥檚 first division said Lim鈥檚 allegation that Makati Regional Trial Court Branch 150 Judge Elmo Alameda acted with inordinate hast in ordering his arrest 鈥渋s at best, a conjecture without empirical basis.鈥�
鈥淚t 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,鈥� the high court said.
The high court also found Lim鈥檚 motion for judicial determination of probable cause a 鈥渕ere superfluity鈥� since Alameda is required anyway by law to personally evaluate the resolution of the public prosecutor and the supporting documents.
鈥淔urther, there is nothing in the rules which require a judge to conduct a hearing before he issues an order finding existence of probable cause and order of arrest,鈥� the high court said.
Lim and Napoles were charged for allegedly detaining Luy from December 20, 2012 to March 22, 2013 to prevent him from disclosing the businesswoman鈥檚 purported racket of siphoning off Priority Development Assistance Fund (PDAF) allocations through ghost projects.
Authorities earlier offered P5-million bounty for Lim鈥檚 arrest.