PASAY CITY, Philippines — The Regional Trial Court (RTC) of Pasay City, Branch 112, has ordered the release of actress and businesswoman Neri Naig after granting her motion to quash the warrant of arrest issued against her.

Naig, who was detained on November 27 for alleged violations of the Securities Regulation Code and syndicated estafa, was released due to a procedural error that violated her right to due process. Her lawyer, Atty. Aureli Sinsuat, confirmed the development on Wednesday.

The court ruled that the subpoena notifying Naig of the charges was sent to an incorrect address in Batangas City instead of her residence in Cavite. This error invalidated the preliminary investigation conducted by the Office of the City Prosecutor (OCP) of Pasay City and the subsequent proceedings.

“[T]he lack of proper notice to accused Miranda in flagrant violation of her constitutional right to due process of law invalidates the preliminary investigation… as well as the subsequent acts or proceedings emanating therefrom,” the court stated in its decision.

The Bureau of Jail Management and Penology (BJMP) emphasized that her release was not due to posting bail but because of the partial granting of the motion to quash.

“Ang paglaya niya na ito, itong release order na ito ay hindi dahil sa piyansa o nakapagpiyansa, ito ay dahil sa partially granted ang motion to quash ng kanyang mga abogado specifically doon sa kanyang pagkakaaresto… usually nakikita ang merito ng argumento ng kanyang abogado na valid naman ang kanilang argument na may technicalities sa arrests that’s why nagrant ito, partially grant, and with that comes yung kanyang release,” said BJMP Spokesperson JSupt Jayrex Bustinera.

“With the recent development on her release doon na siya papalayain kung lalabas na cleared siya at ma-proseso ang kanyang paglaya ngayong araw,” Bustinera added.

Naig, who was on a five-day medical furlough in a private hospital at the time of the order, is reportedly in good condition.

“Siya lang po sa ngayon ang nandoon, of course she was visited by her lawyers para nga sa consultation ng kanilang ano sa progress o development ng kanilang kaso…wala naman tayong any major incident na nareport sa atin,” said the BJMP Spokesperson.

Reinvestigation Ordered

The court has directed the OCP to reinvestigate the case within 60 days, giving Naig the opportunity to respond to the allegations. Her legal team expressed optimism about clearing her name in the Dermacare/Beyond Skin Care Solutions case.

“This development marks an important step toward resolving the matter fairly and justly,” said Atty. Aureli Sinsuat, Naig’s counsel, in a statement.

The charges against Naig stem from allegations that she persuaded individuals to invest in a skincare business unauthorized to solicit public investments. Naig’s camp denied the accusations, asserting that she was also a victim.

Complainants React

Atty. Roberto Labe, representing the 39 complainants, said they had anticipated the court’s decision due to procedural errors in serving the subpoena. He noted that the complainants are preparing for the reinvestigation.

“Dapat po kasi hanggang ngayon pero nakatanggap na po ako ng order kahapon pa so nagprepare na po ako dapat ng aming kontra o comment for opposition pero nagkaroon na ng decision yung judge kahapon, motu propio,” Labe said.

“Meron pa pong kumokontak sa akin na mga OFW after nito nakita sa TV nakita nila sa inyo nagkaroon ng lakas ng loob nabuhayan na habulin dahil sa kanilang palagay di na mahabol dahil nagtatago po yung mga board of directors,” Labe added.

The arraignment is scheduled for January 9, 2025, at RTC Pasay Branch 112.

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