Explain Delfin Lee’s detention, court orders PNP, NBI

MANILA, Philippines – The Court of Appeals (CA) ordered authorities to present businessman Delfin Lee before the court on Wednesday, March 12.

In a 2-page order signed by Associate Justices Manuel Barrios, Normandie Pizarro and Stephen Cruz dated March 10 but released on Tuesday, March 11, the CA approved Lee’s habeas corpus petition.

The Natonal Bureau of Investigation (NBI) and the Philippine National Police (PNP) were asked to explain the arrest and detention of Lee, and the grounds for his arrest, in view of the Nov 7, 2013 CA ruling quashing the warrant for his arrest for syndicated estafa.

The resolution stated: “Finding the petition to be sufficient in form and substance the Regional Director, National Bureau of Investigation, Regional Office No. III, Capitol Compound, City of San Fernando, Pampanga as well as PCInsp. Rafael de Lero are directed to produce the body of the petitioner before this Court on 12 March 2014, 10:00 AM at the Paras Hall, Main Building, Court of Appeals, Ma. Orosa Street, Manila, and to show cause why the relief sought in the petition should not be granted.”

In an interview with ANC, Lee’s lawyers welcomed the development and hoped that it would lead to their client’s release from what they believed to be “unlawful detention.”

Lawyer Willy Rivera said “one good thing” about the latest development is that “a co-equal court, which is  also a Court of Appeals, cannot overturn the decision of another Court of Appeals.”

“There is already a quashal. So they would just say, there’s a quashal,” Rivera said.

He said the decision was expected, since under the rules of court, such a petition should be acted upon within 48 hours.

On Monday, March 10, the Globe Asiatique owner filed an “extremely urgent” petition for peremptory writ of habeas corpus before the CA, seeking his release from “illegal” detention.

In a 5-page petition, Lee appealed for relief from “unlawful and involuntary deprivation” of his liberty by the PNP on the strength of a warrant of arrest for syndicated estafa that had been quashed by the appellate court on Nov 7, 2013.

Lee, who was arrested on March 6, is facing syndicated estafa charges for his alleged use of ghost borrowers to obtain P6.6 billion in loans from the Pag-IBIG Fund in 2009. He has, however, argued in his March 10 petition before the CA that he is no longer part of the PNP’s list of people with standing arrest warrants.

Justice Secretary Leila de Lima earlier said that Lee’s delisting was an “honest mistake,” as it may have been based on a November 2013 CA dismissal of his syndicated estafa case. She said the Nov 2013 CA decision, is “not final and executory.” – Rappler.com