DOJ to question order that prevented real estate mogul’s indictment
Thursday, September 1, 2011
THE Department of Justice (DOJ) will question a Pasig City court order that temporarily prevented real estate developer Delfin Lee and other Globe Asiatique executives from criminal indictment.
The department was surprised by a 20-day temporary restraining order (TRO) issued by a Pasig Regional Trial Court on Friday, Justice Secretary Leila de Lima said.
The DOJ was not informed by the court, De Lima said, adding that the TRO issued by Judge Rolando Mislang is questionable since the agency was not given a chance to defend itself.
“We will have to appeal and question that TRO. Ordinarily, it’s a legal principle that you cannot restrain a criminal prosecution. That’s the general rule, but of course there are exceptions. So we will study the basis of that order,” she said.
Mislang, in issuing the TRO, claimed that “extreme urgency exists in the case” and the DOJ’s filing of the criminal information in court “would cause serious and irreparable injury and damage to petitioner (Lee) if petitioner faces arrest and cannot post bail.”
Lee, his son Dexter, company executives Christina Sagun and Cristina Salagan and Pag-Ibig Fund lawyer Alex Alvarez may soon receive syndicated estafa charges after they supposedly defrauded the government over alleged anomalous housing projects in Pampanga.
The panel of prosecutors led by Senior Deputy State Prosecutor Theodore Villanueva, did not recommended bail in filing the case, the first of four estafa complaints filed against the respondents.
Once proven guilty, syndicated estafa under the Article 315 of the Revised Penal Code, carries life imprisonment.
Globe Asiatique violated its warranties because it was found out that documents it submitted regarding the qualification of its buyers proved to be questionable, the panel said.
It was also discovered that the company failed to remit to Pag-Ibig the monthly housing loan amortizations of its borrowers for GA’s Xevera projects in Mabalacat, Pampanga since August 2010.
This scheme of using “ghost borrowers” to secure loans from Pag-Ibig Fund supposedly defrauded worth P6,653,546,000.
Meanwhile, the panel cleared Ramon Palma Gil, former Pag-Ibig chief, GA employees Lerma Vitug, Tintin Fonclara, Geraldine Fonclara, Revelyn Reyes, Rod Macaspac, Marvin Arevalo, Joan Borbon, Christian Cruz, Rodolfo Malabanan, Nannet Haguiling, and John Tungol for lack of evidence. (JCV/Sunnex)
Source: http://www.sunstar.com.ph/manila/local-news/2011/09/01/doj-question-order-prevented-real-estate-moguls-indictment-176556
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Yats Restaurant & Wine Bar
Mimosa Drive past Holiday Inn, Mimosa Leisure Estate,
Clark Freeport Zone, Pampanga, Philippines 2023
Manila Sales Office
3003C East Tower, Phil Stock Exchange Center,
Exchange Rd Ortigas Metro Manila, Philippines 1605
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