The Pasay Regional Trial Court (RTC) has ordered the release of actress and businesswoman Neri Naig-Miranda, according to the Bureau of Jail Management and Penology (BJMP).
“The BJMP received the court order issued today by RTC Branch 112 ordering the release of Nerizza Miranda,” BJMP spokesperson Jail Supt. Jayrex Bustinera said in a message to GMA News Online.
Naig-Miranda was arrested on November 23 at a Pasay City mall for alleged syndicated estafa and violations of the Securities Regulation Code. However, the court quashed the arrest warrant, citing a procedural defect.
Procedural Error
The court noted that the subpoena notifying Naig-Miranda of the charges was mistakenly sent to Batangas City instead of her actual address in Cavite. This, it ruled, was a violation of her constitutional right to due process.
“[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 conducted by the OCP-Pasay City as well as the subsequent acts or proceedings emanating therefrom,” the court stated.
As a result, the court has instructed the Pasay City Prosecutor’s Office to conduct a new preliminary investigation.
Court’s Decision and Next Steps
While the court denied Naig-Miranda’s motion to withdraw the case against her, it ruled that she would not be returned to the Pasay City Jail female dormitory. She is currently undergoing medical evaluation at an undisclosed hospital.
Her arraignment for alleged violations of the Securities Regulation Code has been rescheduled to January 9, 2025. Meanwhile, her arraignment for the syndicated estafa case, initially set for December 3, was postponed as the court awaits comments from the prosecution.
Naig-Miranda’s husband, musician Chito Miranda, has defended her, stating she was merely an endorser whose image was used to attract investors.