Pag-IBIG clarifies Makati City RTC decision regarding Globe Asiatique case
Pag-IBIG Fund Chief Executive Officer, Atty. Darlene Marie B. Berberabe, reacts to recent news reports claiming that the Makati City Regional Trial Court has declared final and executory its decision in a civil case filed by Globe Asiatique against the Pag-IBIG Fund.
“As of today (December 26), we have yet to receive our copy of the alleged decision. However, I am compelled to clarify that whatever the decision may be in that civil case, it will not be prejudicial to the criminal case for syndicated estafa we filed earlier against Delfin Lee and his co-defendants,” the Pag-IBIG CEO said. The Supreme Court has already ruled in this regard against Lee.
The Court of Appeals (CA), in its decision of April 16, 2012 penned by Associate Justice Franchito N. Diamante, has already ruled that regardless of the eventual resolution of the Makati Civil Case, it will not serve to extinguish whatever criminal liability that Delfin Lee and the other respondents may have.
The CA ruled that “the determination of whether HDMF can be compelled to accept the replacement buyers that GA is offering is not determinative of the guilt of Lee in the estafa charge.” The CA pointed out that “it was expressly warranted by GA, among others, that the applicants whose loans it was going to pre-process and approve housing loans for are already existing buyers of its real estate and that the applicants are qualified to loan from HDMF’s housing loan program. The guilt, therefore of Lee lies on whether the above warranties were breached x x x.”
Earlier, Vice President Jejomar C. Binay, who chairs the Pag-IBIG Fund Board of Trustees, instructed the Fund to avail itself of appropriate legal remedies.
“Assuming there is an adverse decision, Pag-IBIG will undertake the necessary legal remedies in order to question the same before the higher courts,” Atty. Berberabe added. “The resolutions of the issues in this civil case are far from being final and executory. Pag-IBIG is confident that in the end, justice will prevail. And we shall shall remain vigilant in protecting the Fund and its members.”
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