CA denies Delfin Lee’s habeas corpus plea
MANILA, Philippines—The Court of Appeals on Thursday denied the petition for habeas corpus filed by Globe Asiatique founder Delfin Lee due to a legal technicality.
In an 8-page resolution, the appeals court Special First Division said Lee’s petition has become moot and academic with the Supreme Court’s temporary restraining order issued Wednesday that stopped the implementation of the appeals court’s November 2013 ruling that lifted the arrest warrant against Lee.
“The issue of whether the decision [dated November 2013 of the appeals court] is executory and effective has become academic. In short, petitioner Delfin Lee cannot as yet invoke this Court’s ruling on account of the specific injunction issued by the Supreme Court and thus, the 2nd alias warrant of arrest that was executed against petitioner has maintained its efficacy,” the appeals court said.
The resolution is signed by Associate Justices Manuel Barrios, Normandie Pizarro and Stephen Cruz.
Lee was arrested in Manila last week after almost two years in hiding.
Lee, founder and president of Globe Asiatique, and 4 others were charged in connection with alleged anomalous loans granted by the Pag-Ibig Fund to “ghost” borrowers of Globe Asiatique for the firm’s Xevera housing project in Mabalacat, Pampanga amounting to P6.6 billion.
He filed the habeas corpus petition with the Court of Appeals saying his arrest was illegal because the appeals court already ordered the lifting of the arrest warrant last year.
The Justice Department, however, insisted that the arrest warrant is still in effect because they have timely filed an appeal before the Supreme Court.
Due to the government’s appeal, the high court, on Wednesday stopped the lifting of the arrest warrant, which means Lee will remain in detention.
Aside from the syndicated estafa case before the Pampanga court, Lee still has three more batches of syndicated estafa undergoing preliminary investigation before the Department of Justice still in connection with the housing loan scam.
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