Pampanga court ordered to withdraw estafa case vs one of Globe Asiatique officials



MANILA, Philippines—The Court of Appeals ordered the Department of Justice to withdraw the syndicated estafa case and ordered the Pampanga court to recall the warrant of arrest against one of the accused in the questionable P6-billion loan given by Home Development Mutual Fund (HDMC/PagIbig) to buyers of Globe Asiatique.

In a 16-page resolution by the former Special 10th Division dated Feb. 11, the appeals court, through Associate Justice Angelita Gacutan, dismissed the motion for reconsideration filed by the Department of Justice, National Bureau of Investigation and the Home Development Mutual Fund (HDMF) against Cristina Sagun.

“We find the matter raised in the said motions to be mere rehash of the previous arguments of the movants which have been sufficiently passed upon by this court in its decision dated Oct. 5, 2012,” resolution stated.

Sagun’s duty, the appeals court said, is confined to collating and checking if documents of borrowers are duly accomplished and verify from HDMC/PagIbig if the borrowers are indeed members or if they have no existing housing loans.

On allegations of negligence, the appeals court said the Department of Justice “has not demonstrated how petitioner could have been privy to the creation of the so-called ‘special buyers’ such that she was conscious all along that she was committing a serious non-bailable crime as syndicated estafa.”

“There is no evidence that she knew of the common design to defraud HDMF except that she happened to be an employee of Globe Asiatique which was the one which entered into a contract with HDMF as a corporate entity and made the warranties thereof,” the appeals court said.

Sagun’s co-accused include Globe Asiatique owner Delfin Lee, their other co-accused Dexter Lee, Executive Vice-President, Cristina Salagan, head of GA Accounting/Finance Department and lawyer Alex Alvarez, manager of the Foreclosure Department of the PagIbig Fund.

The appeals court said the syndicated estafa against Sagun and the other co-accused can now be considered flawed.

Under the law, syndicated estafa exist when a group of at least five persons participated in the commission of estafa.

However, the appeals court clarified that nullifying the syndicated estafa case against Sagun is without prejudice to the filing of the appropriate case against the four other accused and recalling the warrant of arrest is for the petitioner Sagun only.

“In order to give efficacy to our Oct. 5, 2012 decision, the information for syndicated estafa against the accused is ordered quashed and the warrant of arrest issued against the petitioner (Sagun) pursuant to the said information is hereby recalled and lifted,” the appeals court said.

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  • Jun Go

    yan pag-nag-technicalities na ang mga big-fish laya na at lusot na.

    yan ang sistemang butas sa batas ng pilipinas.

    sa sobrang dami, pati langgam pwedeng kasuhan, pero nakakalusot pa rin ang isang balyena sa butas ng karayum.

  • Peter L

    Another bungled case??? DOJ has not won any case. Oh My goodness. 

  • JuanTamadachi

    It is common knowledge that the Court Of Appeals is the most corrupt of all the courts. Its no surprise that egregious decisions such as this one, come out from this court. 

  • Bekok

    nag-kalagayan na sa CA.  Pesteng korte yan.

  • James Wise

    Iba na talga basta may pambayad sa mga hukom.

    Its more fun in the philippines

  • Guest

    This should come as no surprise.

    The President and CEO of Pag-ibig Fund, Miro Quimbo, who approved the P7 billion loan to Globe Asiatique scam as never charged by Ombudsman Morales despite the recommendation of DOJ in late 2011. Many more are expected to get off the hook, as we go down this slipper slope called Daang Matuwid.

    Here’s a short video and other references for all taxpayers’ and Pag-ibig fund contributors to enjoy. Miro Quimbo and his Globe Asiatique scam.

    01. youtube,com/watch?v=AjjJmYE-dF0

    02. abs-cbnnews,com/business/08/24/11/doj-indicts-globe-asiatique-syndicated-estafa

    03. abs-cbnnews,com/global-filipino/06/14/12/pag-ibig-ceo-hits-non-arrest-delfin-lee

    • Avery_23

      Ohbchwoman Concheate Capro NoMorales is corrupt.

  • nice_boy

    Looks like another case of incompetence on the part of DOJ, NBI and HDMC.  Now regular estafa na lang ang kaso which is bailable.  These people can afford really good lawyers so the government must have better lawyers to win cases.  Judging from the caliber of the Sec. of Justice, I’m afraid, nothing will come out of the cases filed by her.  No wonder the CA does not confirm her appointment.  

  • Jim De Garman

    20 million pesos saan kikitain ni ginoong hukom yan bigay ng globe asiatique.. sa DOJ wala laway lang.. hukom na eto walang dignidad.


    Galing talaga! Simple estafa nalang yan dahil di na sila lima. That’s how our justice system works! Sa ibang korte nyo nalang kasuhan yan para tapos agad….

  • limcat

    walang silbi ang CA!!!  gatasan lang ito ng mga corrupt justices. puro gapangan at lagayan ang nangyayari sa korteng ito … Associate Justice Angelita Gacutan magkano??? l*ch@ ka!!!

  • yxoiyiu

    walang silbi itong crime na syndicated estafa.  pinagtatawanan lang tayo ng mga white collar criminals.  nagbabalak na ngayon ang mga kriminal kung paano magnakaw ng bilyon bilyong halaga ng pera basta less than 5 silang gagawa ng krimen, tutal ay bailable pala ang krimeng estafa.

  • asarin

    corrupt appellate court…. an ang totoo…

  • Mamerto

    A PRIME EXAMPLE how Filipinos handle Authority & Power…

    SELECTIVE JUSTICE to be applied FOR ALL..!

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