Government to elevate Globe Asiatique case to SC

February 18, 2013 5:51pm


The government will elevate to the Supreme Court the dismissal of the P6.65-billion syndicated estafa case against an official of the Globe Asiatique Realty Holdings Corp.

Justice Secretary Leila de Lima said they decided to seek refuge from the high tribunal after the Court of Appeals, in a 16-page ruling last February 11, denied for lack of merit the Department of Justices' motion for reconsideration that sought to reverse an October ruling clearing Globe Asiatique's documentation head Christina Sagun of the non-bailable syndicated estafa charge.

"My instruction is for the Department of Justice, thru the Office of the Solicitor General, to elevate the matter to the Supreme Court," De Lima told reporters in a text message.

In Malacañang, deputy presidential spokesperson Abigail Valte said the CA decision favoring Sagun will adversely affect the case.

“Lima kasi sila dun sa kasong ito. The charge is syndicated estafa, and one of the elements of the crime is that five people must be involved. Since lima sila [at] dinrop siya (Sagun), ang necessary consequence nun that the syndicated estafa charge will not stand,” Valte said.

According to Section 1 of Presidential Decree No. 1689, five respondents are needed for a syndicated estafa charge to apply.

With Sagun cleared, only four respondents in case are left: Globe Asiatique’s president Delfin Lee, vice president Dexter Lee, accounting head Cristina Salagan, and Pag-IBIG Fund foreclosure manager Alex Alvarez.

According to Valte, a failed motion for reconsideration filed by the Solicitor General has prompted the administration to raise the issue to the high court.

“The motion for reconsideration that was filed by the Solicitor General in behalf of the Republic, it was justified why Ms. Cristina Sagun should be retained as an accused. Unfortunately, hindi 'yun kinatigan ng Court of Appeals which is why we are taking the challenge to the Supreme Court,” she said.

Valte also said the government sympathizes with victims who may find it hard to accept that the case will disintegrate on a technicality.

“You understand the sentiment of the victims of the scam kasi kapag kayo ho 'yun nabiktima mahirap po intindihin na parang teknikalidad 'yun pinag-uusapan natin dun sa kaso. So, we are pursuing the case for the government,” she said.

Meanwhile, Valte cited Delfin Lee’s “many resources” as reason for his continued evasion of capture despite being a high profile fugitive.

“Isa nga po siya dun sa mga high profile na at large natin. [And] while it is true na maraming resources ang government ibang usapan din po kapag yun mga fugitive ay may maraming resources din naman,” Valte said.

For his part, Vice President Jejomar Binay, who sits on the Pag-IBIG Board of Trustees, said the reported CA ruling could be considered a "grave injustice" to the victims.

"We will not take this sitting down,” he said in a statement released Monday.

Binay, who also chairs the Housing and Urban Development Coordinating Council (HUDCC), said he has already directed Pag-IBIG to confer with the Department of Justice and the Office of the Solicitor General and immediately file an appeal before the Supreme Court once it receives a copy of the said CA resolution.

“We owe it not only to the victims of Delfin Lee but to all the members of Pag-IBIG to pursue this case. Those who are responsible for this scam should be brought to justice,” he said.

Pag-IBIG and HUDCC had earlier filed syndicated estafa charges against Lee and 16 other persons in connection with the housing loan controversy. Pag-IBIG had also blacklisted Globe Asiatique. — Mark Merueñas, Patricia Denise Chiu and Kimberly Jane Tan/KBK, GMA News