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MANILA, Philippines – The Supreme Court stopped the Court of Appeals from implementing its ruling junking charges of syndicated estafa against an official of Globe Asiatique, the company accused of swindling Home Development Mutual Fund or PAG-IBIG by securing billions worth of loans for “ghost” borrowers.
The SC First Division issued a temporary restraining order on April 17 (made public only on Monday, April 22) against a CA decision which dropped charges of syndicated estafa against Cristina Sagun, documentation officer of GA, for lack of evidence.
The CA ruling – which the appellate court handed down in October 2012 and which it later upheld in February this year – effectively led to the recall of the arrest warrant against GA founder Delfin Lee, his son Dexter, GA Accounting Head Cristina Salagan and Pag-IBIG lawyer Alex Alvarez. This is because the dismissal of the charges against Sagun reduced the charges of syndicated estafa to estafa, a bailable crime.
“If only less than 5 persons are charged for syndicated estafa, the estafa or swindling cannot be committed by a syndicate,” the CA said in the February decision penned by Justice Angelica Gacutan. “To hold otherwise would be to deny such persons of the right to bail thus, violating their constitutional right to due process and liberty.”
The CA’s former Special 10th Division added that the Department of Justice can file a new information to correct the charges. An arrest warrant can be issued based on new information, it added.
Proceed with trial
The TRO issued by the SC, however, also covered the Pampanga regional trial court Branch 42, which is hearing the syndicated estafa case against Lee and 4 others.
Justice Secretary Leila de Lima said the issuance of the TRO meant the Pampanga regional trial court branch 42 could proceed with the trial of syndicated estafa against Lee and his 4 co-accused.
“With the issuance of the TRO, there exists no legal impediments for Pampanga RTC Br.42 to proceed with the trial of syndicated estafa filed against Delfin Lee,Dexter Lee,Christina Sagun,Christina Salagan and Atty. Alex Alvarez,” she said.
She added that the “manhunt” against Lee and the others would continue.
President Benigno Aquino III has set a P2-million peso reward for information leading to Lee’s arrest. – Rappler.com
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