Globe Asiatique passes the buck, blames Pag-IBIG for housing ‘scam’

The lawyer of Globe Asiatique on Tuesday blamed the failure of state-owned Home Development Mutual (Pag-IBIG) Fund to thoroughly check on its members who applied for loans for the legal trouble the company is in.

In an interview with "Unang Hirit," lawyer Willie Rivera said it is the duty of Pag-IBIG to verify the status of the members before approving and releasing the loan.

“We only do loan counselling. Ang nagbe-verify Pag-IBIG. Ang gagawin pa nila, meron silang 30 days for post validation,” he said.

Rivera added, “Pag-IBIG is required to go to the site, check the house and lot, check the title at kakausapin ang buyer. Under the contract, that is not the responsibility of Globe Asiatique, that is the responsibility of Pag-IBIG.”

He added that after 30 days, Pag-IBIG will send the developer a notice that it has checked the units. He said Pag-IBIG will then release the loan to the member after the inspection.

“Pag nakausap ang tao, nakita ang lupa, dun iri-release ang loan. Hindi sa amin ha, sa tao, sa kanila ha at magpipirmahan yan. The proceeds will be paid to us, we are required to collect from buyer then remit to Pag-IBIG,” Rivera said.

He said after the loan is released to the Pag-IBIG member, the money is forwarded to Globe Asiatique because of a collecting servicing agreement.

Scam?

Globe Asiatique founder, Delfin Lee, is currently detained in connection with the syndicated estafa case filed against him for allegedly defrauding Pag-IBIG Fund of P6.6 billion through a housing scam in Pampanga.

In 2008, Globe Asiatique entered into a Funding Commitment Agreement with Pag-IBIG for a housing project, for which the firm allegedly received at least P6.6 billion in housing loan proceeds for home buyers.

However, an inquiry by the National Bureau of Investigation (NBI) supposedly showed Lee made false representations and submitted fake documents to secure the loans.

From the 9,951 alleged Pag-IBIG borrowers in the Globe Asiatique deals, 1,000 could not be located, 400 denied applying for housing loans, and 200 had incomplete documents for the transaction.

Some of the buyers were allegedly fake members of Pag-IBIG, and others were ineligible for membership. Another group of buyers used spurious loan accounts.

Ghost borrowers

Lawyer Sandra Coronel, legal counsel of Pag-IBIG fund, countered Rivera, said Pag-IBIG found out about the ghost borrowers after they conducted a post-validation on the units of Globe Asiatique.

“Iyon nga po ang reason bakit namin nalaman. Dahil noong kinatok ng Pag-IBIG iyong mga unit na naka-loan sa Pag-IBIG, ang taong nakatira, iba sa naka-loan,” she said in the same television interview.

She added when the Pag-IBIG inspector asked the occupant why they were on that house instead of the borrower on the list, the occupant showed receipt that they are paying directly to Globe Asiatique for the unit they are occupying.

She further said that when Pag-IBIG went to the address of the borrower on its list, it found out that such person does not exist.

“Mapapatunayan namin ang pag-release ng pera hindi sa borrower kundi diretso sa GA (Globe Asiatique). Mapapatunayan namin yan dahil ang resibo ng release, di napupunta sa buyer. In fact, paano mapupunta sa buyer eh fake nga ang buyer,” Coronel said.

No fake buyers

But Rivera said there were no fake buyer but replacement buyer or those who took the unit after the original buyer failed to pay.

He said in a funding agreement contract, Pag-IBIG requires developers such as Globe Asiatique to replace those who will not pay the unit. He cited Republic Act 6552 or the Realty Installment Buyer Act as basis for it.

“Syempre pag di ka nagbabayad, papadalhan ng notarial recession, that is allowed under Maceda Law (RA 6552). Pag cancelled ngayon ng kontrata mo under-recession then io-ofer ko (sa iba). ‘Pag-IBIG member ka ba? Aalis na (yung nauna).’ Then we are required to return 50% cash surrender value,” he said.

He further said that Globe Asiatique is required to collect and remit the money to Pag-IBIG.

“Ang problema, nire-remit namin, ayaw na nila. Nagbabayad ng diretso ang Pag-IBIG owner, ayaw na nila. We have P592 million retention fund. Sabi namin i-apply nyo yan, ayaw nila. Ang gusto nila kasuhan kami,” said Rivera.

But Coronel said when Globe Asiatique sold the unit to the other person, the contract with Pag-IBIG is still valid.

“Di totoong in-avail ang replacement dahil nung nagbenta sila sa ibang tao, live pa ang kontrata sa Pag-IBIG,” she said.

She added that Pag-IBIG is now in the process of cancelling the title of the ghost borrowers to give it to the legitimate unit owners. — Amita Legaspi/KBK, GMA News