SC stops CA order clearing Delfin Lee's co-accused in estafa case

The Supreme Court has stopped the implementation of a Court of Appeals (CA) ruling that cleared a co-accused of Globe Asiatique founder Delfin Lee in a P6.65 billion syndicated estafa case. The TRO was in response to a petition filed by the Department of Justice contesting the CA ruling that dismissed the syndicated estafa charges against  GA documentation head Christina Sagun. "The Court of Appeals, the Regional Trial Court Branch 42 San Fernando Pampanga and respondent Christina Sagun and/or all persons acting upon your orders, or in your place or stead... Effective immediately and contributing until further orders from this Court are hereby enjoined from implementing the assailed decision and resolution,” the high court said. The high court required Sagun to file a comment within 10 days on the DOJ petition for review on certiorari. It also reminded her not to file a motion to dismiss. The resolution was penned by Chief Justice Maria Lourdes Sereno as chair of the SC First Division. The notice of resolution was penned by Division Clerk of Court Edgar Aricheta. Branch 42 is handling the syndicated estafa case against Lee regarding the anomalous loans granted by Pag-IBIG Fund to "ghost borrowers" who supposedly bought homes in Globe Asiatique's Xevera Housing project in Mabalacat, Pampanga. Justice Secretary Leila de Lima, meanwhile, welcomed the TRO. "With the issuance of the TRO, there exists no legal impediments for Pampanga RTC Br. 42 to proceed with the trial of syndicated estafa filed against Delfin Lee, Dexter Lee,Christina Sagun, Christina Salagan and Atty. Alex Alvarez," she said. In its last ruling, the CA denied a motion from the DOJ for the appellate court to reconsider its October 2012 ruling that quashed the syndicated estafa case against Sagun with the Regional Trial Court Branch 42 of San Fernando, Pampanga. The CA also ordered that the arrest warrant issued against her be recalled and lifted. In its ruling, the CA reiterated that "Sagun's complicity with the acts imputed against the other four accused was not established." De Lima earlier told reporters that she thought otherwise and that there was sufficient evidence to show probable cause. As for Sagun's four co-accused, the CA said they can no longer be slapped with syndicated estafa charges because under Presidential Decree 1689, a "syndicate" committing estafa should be composed of at least five people. The four remaining accused are Lee, vice president Dexter Lee, accounting head Cristina Salagan, and Pag-IBIG Fund foreclosure manager Alex Alvarez. The court said now that only four accused remain, the syndicated estafa case filed against them would be "constitutionally infirm at its core." — Mark D. Merueñas/KBK, GMA News