More cases for Delfin Lee? SC allows DOJ preliminary probe

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The SC temporarily stops the justice department from conducting its preliminary investigation on 3 other criminal complaints against businessman Delfin Lee

MORE CASES? A Supreme Court order allows the DOJ to conduct its preliminary investigation on 3 criminal complaints against Delfin Lee. Photo courtesy of PNP-PIO

MANILA, Philippines – Businessman Delfin Lee will potentially face more cases in relation to his alleged use of ghost borrowers to obtain P6.6 billion in loans from the Pag-IBIG Fund in 2009.

In an order dated March 3 but released only on Monday, March 9, the Supreme Court (SC) Second Division temporarily restrained the enforcement of a regional trial court (RTC) ruling stopping the Department of Justice (DOJ) from conducting its preliminary investigation (PI) on 3 other criminal complaints against Lee.

The SC’s temporary restraining order (TRO) covers the 2nd, 3rd, and 4th syndicated estafa complaints against Lee in relation to the alleged siphoning of P6.6-billion in housing loans. The order was issued by Justice Antonio Carpio who chairs the SC Second Division.

The TRO allows the DOJ for now to pursue its probe and determine whether the evidence against Lee on the 3 other complaints can stand in court.

The first case was filed before the Pampanga RTC, which issued a warrant of arrest against Lee. The Court of Appeals (CA) in November 2013 ordered the quashal of the arrest warrant, but a petition against the CA decision was filed before the SC. 

On Thursday, March 6, Lee was arrested for his involvement in the housing scam. On Monday, he filed before the Court of Appeals (CA) a petition for his immediate release from detention.

3 complaints

On the 3 complaints covered by the TRO, Pasig RTC Judge Rolando Mislang in April 2013 released an order preventing the DOJ from proceeding with the PI of these complaints.

The DOJ petitioned the order before the CA, but the petition was denied by the appellate court on grounds that it was filed out of time. A motion for reconsideration filed by the DOJ to have the ruling reviewed was also denied by the CA.

But in the March 3 order of the SC, the right of the DOJ “to continue with its power and function to investigate crimes and prosecute offenders” was upheld. 

The RTC ruling, said the SC, hampers “the administration of justice.”

The March 3 TRO was issued “to avoid irreparable injury” on the DOJ “who may be prevented from performing its legally mandate duty to protect public interest.”

The SC also required Lee to comment on the DOJ petition assailing the RTC ruling while it is temporarily restrained. The SC gave Lee 10 days to respond. – Rappler.com

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