SC stops CA order dropping estafa raps vs Globe Asiatique officer
MANILA, Philippines–The Supreme Court has stopped the implementation of the Court of Appeals ruling that ordered the dropping of syndicated estafa case 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 its April 17 resolution, the high court’s First Division issued a temporary restraining order against the appeals court and in favor of the Department of Justice.
The DoJ took the case to the Supreme Court after the appeals court denied their appeal.
“Acting on the petitioners’ prayer for the issuance of a writ of preliminary injunction and/or temporary restraining order, the Court furthermore resolves to issue the temporary restraining order as prayed for effective immediately and continuing until further orders from the court,” the high court said.
The Court of Appeals, in its ruling, ordered the DoJ to withdraw the syndicated estafa case against Cristina Sagun, one of the co-accused of Globe Asiatique’s Delfin Lee and ordered the Pampanga court to recall the warrant of arrest against her.
The appeals court said Sagun’s duty 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.”
But the DoJ said the appeals court abused its discretion when it issued its ruling.
The high court gave Sagun 10 days to comment on the DoJ’s petition.
