CA denies Delfin Lee’s bid to lift hold departure order
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MANILA, Philippines—Despite being cleared from the P6.6 billion syndicated estafa case, the Court of Appeals said Globe Asiatique President Delfin Lee still cannot go out of the country.
In a three page resolution, the appeals court’s Special Former 15th Division through Associate Justice Franchito Diamante denied Lee’s motion to lift the hold departure order (HDO) issued by a lower court last year.
The appeals court said the HDO was not raised by Lee in his original petition where he sought the nullification of the estafa complaint as well as the arrest warrant before San Fernando Pampanga Regional Trial Court.
On Nov. 7, 2013, the appeals court issued a ruling granting Lee’s petition and lifting the warrant for his arrest.
“It is settled that courts cannot grant a relief not prayed for in the pleadings or in excess of what is being sought by the party. They cannot also grant a relief without first ascertaining the evidence presented in support of CA thereof. Due process considerations require that judgments must conform to and be supported by the pleadings and evidence presented in court,” the appeals court said.
“As the parties were not heard by the Court on the issue of the lifting of the hold departure order against petitioner, it cannot enter an order which is beyond those prayed for in the petition brought before it,” the resolution further stated.
Concurring with the resolution are Associate Justices Melchor Sadang and Agnes Reyes-Carpio.
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