MANILA, Philippines – The days following Benhur Luy’s sudden absence, his mother Gertrudes was very worried.

On Dec 19, 2012, Benhur was allegedly detained by Janet Lim Napoles and her brother Reynald Lim after he allegedly betrayed Napoles, the alleged mastermind of the multi-billion-peso pork barrel scam.

The day after, Gertrudes said Benhur was noticeably absent from Napoles’ party at Heritage Park. She tried calling Benhur through his cellphone. “Minsan nagriring, minsan off.” (Sometimes it would ring, sometimes was turned off.)

It was unlike her son to be unreachable for a long time, she said.

That’s why when Reynald Lim called her to say she had to bring him Benhur’s laptop before she could see him, she moved swiftly. It would take around 4 days before Gertrudes would eventually see Benhur who was with Lim, a guard, and a driver.

A month later, Gertrudes recalled, she became desperate.

“Kung ano man kasalanan ni Benhur, gusto namin makahingi ng tawad kasi luluhod ako sa harap niya,” said Gertrudes. (Whatever Benhur did, we want to apologize, even if I had to kneel in front of him.)

Benhur ‘not yet cleared’

Gertrudes Luy was the 7th of the prosecution’s 8 witnesses in Napoles’ hearing for bail. She was presented before the Makati Regional Trial Court Branch 150 on Monday, October 14.

Napoles and Lim face serious illegal detention charges filed by the National Bureau of Investigation after its agents rescued Benhur from Napoles’ condominium in March.

Napoles is currently detained at a police training camp in Laguna, while Lim is still at large.

During her testimony, Gertrudes cried as she recalled spending New Year in Zamboanga without Benhur.

The Luy family returned to Zamboanga on Dec 27, 2012, in time for the New Year. They tried calling Benhur, but his phone wasn’t ringing. They again pleaded with Lim to let Benhur join them.

“Hindi daw p’wede kasi meron pang problema na hindi pa na-clear,” Gertrudes quoted Lim. (He couldn’t go home because there was a problem that had yet to be cleared.)

Gertrudes recalled the holidays without Benhur: “Sobrang lungkot namin lahat magpamilya.” (The family was so sad.)

‘Matatapos rin ito’

According to the prosecution’s other witnesses, on Dec 19, 2012, Napoles discovered that Benhur had been dabbling into Napoles’ line of business – creating bogus projects to siphon money off lawmakers’ Priority Development Assistance Fund.

It was then that Napoles ordered Benhur detained.

When Gertrudes saw Benhur for the first time again, he said he didn’t know why he was being detained. “Wala naman akong kasalanan. Sige lang, ‘Mang, kasi matatapos din ito,” he told his mother. (I didn’t do anything wrong. Don’t worry, ‘Ma, this too shall pass.)

Several times, Gertrudes said they tried speaking to Lim, asking him to let them see Benhur or to let Benhur go.

On Christmas Day, Gertrudes finally spoke to Napoles during a party in her Dasmariñas Village home in Makati City.

“Ni-rehab daw nila si Benhur sa isang k’warto,” Getrudes said, repeating Napoles’ explanation. (Benhur was inside a room for rehab.)

“Bakit mo nagawa ‘yan? Hindi naman adik itong si Benhur,” Gertudes told Napoles. (Why would you do that? Benhur isn’t an addict.)

Napoles then told Gertrudes Benhur was placed inside a room because “he knew a lot.”

Looking for Benhur

Early January, the Luy family flew to Manila. Again, they asked Lim to allow them to see Benhur. Through Napoles’ personal assistant, they were able to contact Napoles herself.

“Wala na sa akin si Benhur!” Napoles told the Luy family, before cutting the line. (Benhur isn’t with me anymore!)

It was through Lim that the family was again able to see Benhur on Jan 9, 2013.

“Malungkot siya. Malungkot na parang takot,” Gertrudes said. (He was sad. He looked sad and scared.)

Again, Lim discussed Benhur’s “transactions” in JLN. Gertrudes said they were afraid for their lives – Lim threatened both Benhur and the Luy family.

Lim reminded the family that they should not contact authorities. “Hindi kami dapat magsumbong sa awtoridad kasi hawak daw nila ang gobyerno,” Lim earlier told Gertrudes. (We shouldn’t tell authorities because [Napoles and Lim] controlled the government.)

Despite Lim’s threats, the family decided to get help from lawyer Levito Baligod on February 23. Baligod is now the counsel of several whistleblowers in the pork barrel and Malampaya fund scam.

The defense, however, questioned inconsistencies in Gertrudes’ answers. In an earlier affidavit, she said the family had known that Benhur was detained at a Magallanes retreat house owned by Napoles, also in Makati.

But during the bail hearing, Gertrudes said that when they went to Magallanes on February 20 to meet Monsignor Ramirez, they didn’t know Benhur was already there. Ramirez said he didn’t know about Benhur’s whereabouts.

Gertrudes clarified that it was her daughter, Annabelle, who suspected Benhur was in Magallanes. Allegedly, Benhur made signals alluding to his place of detention.

Sulas testimony

On the same day, the prosecution also presented Marina Sula, a JLN employee turned whistleblower. She arrived at the Makati RTC with justice department personnel. Sula was present when Luy was allegedly detained on December 19.

She was also asked by Napoles to search and secure Benhur’s condominium unit in Eastwood. Sula would also testify on the transfer of the Magallanes property where Benhur was allegedly detained.

But the defense stipulated the offer of the testimony, and Sula was dismissed minutes after being called to testify.

The prosecution had one more witness left – the alleged victim himself, Benhur Luy. A marathon hearing is scheduled for October 23 at 9 am and 2 pm.

The defense earlier accused the prosecution of delaying tactics, expressing worry that they would not have time to present their own witnesses.

Makati RTC Branch 150 Clerk of Court Diosfa Valencia clarified the defense has nothing to worry about because they can always schedule additional hearing dates for the defense’s witnesses.

The defense plans to present 3-4 witnesses for the bail hearing. Two more hearing dates were scheduled by Makati RTC Branch 150 Judge Elmo Alameda: October 29 and 30, both at 9 am.

It is up to the prosecution to prove that Napoles is guilty. Otherwise, she can be granted bail despite serious illegal detention being an unbailable offense. In an interview with media, Napoles’ lawyer Lorna Kapunan said the prosecution has so far failed to prove Napoles’ guilt. – Rappler.com