CA ruling on Globe Asiatique exec not yet final, says De Lima

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Justice Secretary Leila De Lima. INQUIRER FILE PHOTO

MANILA, Philippines–The Court of Appeals decision dismissing the syndicated estafa case against a Globe Asiatique official in the questionable P6-billion loan of the real estate firm from Pag-IBIG Fund is not yet final, Justice Secretary Leila De Lima said Tuesday.

“The Court of Appeals decision is not yet final. I have read the decision and we feel there is basis to question it before the Supreme Court,” De Lima told reporters in a chance interview.

In a 34-page decision dated October 5, 2012, the appeals court’s Special 10th Division dismissed the case against Cristina Sagun, former head of Globe Asiatique documentation department, saying her her duty was simply ministerial.

A subsequent appeal by the Department of Justice, National Bureau of Investigation and the Home Development Mutual Fund (HDMF) was also dismissed by the appeals court in a February 11 resolution.

“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 October 5, 2012,” resolution stated.

Sagun’s duty, the appeals court said, was confined to collating and checking if documents of the borrowers were duly accomplished and verify from HDMC if the borrowers were indeed Pag-IBIG members or if they have no existing housing loans.

On allegations of negligence, the appeals court said the DoJ “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.

Under the law, to be prosecuted with syndicated estafa, there has to be at least five persons involved. With the dismissal of the syndicated estafa case against Sagun, only four accused remain, opening the possibility of downgrading the case to simple estafa, a bailable offense.

Those who remained accused are Globe Asiatique owner Delfin Lee, 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 Pag-IBIG Fund.

“Pinag-aaralan namin talaga ng mabuti iyan(We are reviewing the case thoroughly). We want syndicated estafa to remain, and based on the evidence it’s really syndicated estafa,” De Lima said.

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  • $5699914

    Ang hirap talagang usigin ng mga ganid sa lipunan kung ang korte na siyang dapat nagpapatupad ng hustisya ay pumapanig sa masama…

    • sanjuan683

       di naman baka mahina ang ibedensya, alangan naman magdecision ang CA kung guilty tapos mahina ang ibendensya. Ikaw na nga kaya ang mag-abogado.

      • $5699914

        don’t be naive. You’re living in the real world.

      • http://www.dafk.net/what/ Kilabot ng mga Balahibo

         And yet, the real world revolves around facts which one has to prove.

        Lets not insinuate guilt in the name of naivety. If one can prove it, then one should do so. Hirap yung sabi ng sabi na guilty, pero when put to the scrutiny of the court, everything fails.

      • $5699914

        Another naive….

      • http://www.dafk.net/what/ Kilabot ng mga Balahibo

        ‘Another naive….’

        I dont think so. We find evidence, not merely rely on hearsay, or gut feeling.

        you don’t win cases in court simply because ‘you have a hunch’ but in the end, cannot prove it.

        The worst kind are those who smell the stink of a dead rat but do nothing except to tell everyone there is a dead rat. Others find it and solve the problem of the dead rat.

      • $5699914

         oh, really?
        then maybe that P6B loan would be ‘legal’ under your opinion.

      • http://www.dafk.net/what/ Kilabot ng mga Balahibo

        You find the evidence, then we talk facts. not haka haka.

        Sometimes I dunno which one is more naive, those who can’t believe there is wrong doing, and those who believe it but sit on their hands and just complain of the wrong doing.

        You do have evidence for the 6B, right?

      • $5699914

         haka-haka?
        Wow! There’s already an elephant in the room and you would not notice.

      • http://www.dafk.net/what/ Kilabot ng mga Balahibo

        Oh I would notice an elephant in the room if I was in the room.

        You, implying there is an elephant in the room, then convincing me that there is, without me actually seeing it….i would take it in two ways:

        a) believe you with reservations until I see it personally,

        b) not believe you until, until I can ask other people if they have seen the elephant, then corroborated independently by these other people, until I see it myself or testified by said other witnesses that there IS indeed, an elephant.

        Kinda simple really, synonym of naive is gullible. Asking for prove is the height of skepticism.

        So no. not naive.

      • otoling

        Madumi ang CA tulad ng dumi ni Corona.  Nag-papahanap ito ng pera.

  • EdgarEdgar

    There she goes again. Leila de Lima the stinking yellow pig dispensing false hopes again to the scam victims of Globe Asiatique. For not doing a better job, DOJ and Leila the stinking yellow pig bungles the case against Delfin Lee et al. For not doing a better job, DOJ and Leila the stinking yellow pig bungled the case against the Reyes Brothers who had Doc Gerry executed. For not doing a better job, DOJ and Leila the stinking yellow pig bungles the extradition of Amalilio. For not doing a better job, DOJ and Leila the stinking yellow pig bungled the arrest of the Panamanian rapist. For not doing a better job, DOJ and Leila the stinking yellow pig bungled the case against her brods in San Beda’s law school.

    At the rate Leila the stinking yellow pig is bungling case after case after case, DOJ will become the Department of Injustice. No wonder this country is going to the dogs if not the pig sty. All because we have a stinking pig heading a post of national importance.

    • otoling

      Sigurado ko meron sindikatong estapa dito, gagooooo. 

      Malinaw na dahil maraming mga taombayan na nakakawan. 

      • EdgarEdgar

        Of course there is, but DOJ and Leila the stinking yellow pig just bungled the case. That’s if you understand what you’re reading, my slow little one.

      • scorpio15

        Kahit ano pang tawag mo kay Leila. Tapos na at pera pera na la-ang. Wala ka namang magawa pa.

  • http://www.businessinsider.com/the-art-of-war-sun-tzu-2011-5?op=1 SunTzu

    Ganon talaga sa flipland, pag sinampal mo ng pera, lahat pwede… pwe!!!

  • otoling

    Bayarang kang gagooo nang Asiatik, malinaw yan.

    Nanloko ng taombayan at  pera ng taombayan tong Asiatik.  

  • http://www.businessinsider.com/the-art-of-war-sun-tzu-2011-5?op=1 SunTzu

    “Under the law, to be prosecuted with syndicated estafa, there has to be at least five persons involved”

    Kulang ba? Isama niyo si socialite (I love to spend on glamorous material stuffs with poor pensioner’s money) Divine Lee!!!

  • http://pulse.yahoo.com/_T42Q37DX5BRWJ5NRYTBC2DXUAU Jols – batman Robin

    wala talaga ung batas ng pinas…….. pang mahirap lng talaga….. magkano na nman kaya ang binayad d2………

  • http://profile.yahoo.com/7US4SIEZOJLP4A3BQLYYDY6UWQ Kim

    MONEY TALKS…………….

  • noynoyingalways

     Di nyo napapansin na kapag si De Lima laging mahina ang kaso kung ano ano kasi binabato… dapat sa facts nakasalalay hindi sa emotion at tingin mo lang LOL

  • boybakal

    Just respect the decision.

  • nice_boy

    This is no longer a TRO which De Lima can defy.  Just file the correct charges.  Mapapahiya ka lang sa SC.

  • Noriel Bernabe

    maybe we should ask congressman miro quimbo?
     

  • poltergeist_fuhrer

    Quimbo is allied to GMA nuon…

    now allied to penoy…

    the courts are rubber stamp already of penoy…

    so, what can we expect on the cases na kasangkot ang KKKKKKKKKK….

    yan ang daan BALUKTOT

  • http://www.yahoo.com JOSE RIZAL

    Leila De Lima is always and will be media savvy…but media is not the courtroom nor the court…
    What seems to be easily and readily digestible by the readers is not really that digestible by the court judges.
    Hahahahahahahahahahaha!  Always for the “smoke & mirrors”….
    Hahahahahahahahahahaha!

  • http://pulse.yahoo.com/_GYYFBINDMTZHM6TDHPB667452M agustin

    Bakit kaya ang mga inutil na cabinet secretary ay hindi pa rin tinatanggal ni noy AB. ?

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