GMA Brandtalk
Tracking
Archives
Globe Asiatique’s Delfin Lee must face syndicated estafa —DOJ
The Department of Justice (DOJ) wants the Supreme Court (SC) to reverse a ruling that downgraded the charges against Globe Asiatique president Delfin Lee from syndicated estafa to simple estafa.
In a motion for partial reconsideration, the DOJ, through the Office of the Solicitor General (OSG), insisted that Lee and his co-accused were properly indicted for syndicated estafa in connection with a P6.6-billion housing loan anomaly.
Lee was allowed to post bail last July after the SC, voting 7-5, affirmed a Court of Appeals (CA) ruling that downgraded the charges against him to simple estafa, a bailable offense.
The government believes there is probable cause to try Lee and his co-accused—Globe Asiatique officers Dexter Lee, Christina Sagun, Cristina Salagan, and PagIBIG foreclosure manager Alex Alvarez—for syndicated estafa.
The DOJ disagreed with the SC ruling that two of the three elements of syndicated estafa were missing in the case, and argued instead that all elements for the offense were present.
Those accused in this case “organized themselves into a syndicate for purposes of carrying out their fraudulent scheme, to the damage and prejudice of HDMF and its member-contributors,” the OSG said.
“It must be noted that the Honorable Court categorically affirmed the presence of conspiracy among Delfin, Dexter, Sagun, Salagan and Atty. Alvarez to defraud HDMF. As such, the act of one is the act of all,” it added.
The OSG argued that Alvarez did not have to be a Globe Asiatique employee or owner for the conspiracy to be a syndicated scheme under Presidential Decree No. 1689.
“... The fact that conspirator Atty. Alvarez is an employee of HDMF, the victim association, who purposely used his position as Manager of the Foreclosure Department, brings this conspiracy within the definition of P.D. No. 1689,” it said.
Charges against Alvarez and Sagun were earlier dismissed.
Lee was arrested in March 2014. —VDS, GMA News
