Delfin Lee's full statement read by Atty. Rivera during the senate hearing Monday April 13, 2015

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OPENING STATEMENT:

                   At the outset, I wish to thank Mr. Chairman the Hon. Aquilino Pimentel III and the Hon. Senators Alan Peter Cayetano and Antonio Trillanes IV, in calling this hearing, in aid of legislation, in order to gather relevant and pertinent information that may guide this august chamber into passing a law that will curb the dismal trend of untold corruption being perpetrated by the subject powerful political figure, who together with some of his family members and friends, are now being suspected of plundering the nation of billions of pesos.

                  I would have been present today delivering this opening statement were it not for the influence wielded by Vice President Jejomar Binay on Judge Amifaith Fider S. Reyes, the RTC Judge of San Fernando, Pampanga presiding over the criminal case for the made-up syndicated estafa charge against me, who from the very start, has been acting like a puppet of VP Binay that only last Friday, April 10 at 7 o’clock in the evening and after office hours, Judge Reyes surreptitiously and stealthily issued an Order which practically reversed the earlier Supreme Court Resolution allowing me to attend the hearings conducted by the Senate of the Philippines as an independent constitutional body. It seems, therefore, that the only solution now is for the Honorable Supreme Court to directly order the warden of the provincial jail of San Fernando, Pampanga to bring me before this august chamber in order to testify.

                  I mean, what chance do I have to get a fair trial before this Judge Reyes whose actions from the very start are all seemingly dictated by VP Binay, the very same person whose political career, as he has no other known accomplishment as a housing Tzar, is being boosted by my continued persecution and incarceration? Worse, Judge Reyes is facing a pending Motion for Inhibition because she has been receiving huge allowances and was given a Toyota Innova by the City of Makati where the mayor is the son of VP Binay.

                  For this reason, Judge Reyes should also be investigated in her personal capacity by this august chamber of indirectly preventing the sub-committee of Blue Ribbon from performing its legislative functions by suppressing a witness and resource person like me to attend the hearings thereof in order to protect VP Binay.

                 What Vice President Jejomar Binay did to my life, to my family, to my businesses which I struggled over the years to improve and succeed, to the lives of my now thousands of unemployed workers and their families, and the lives of  buyers of my condominium and subdivision projects whose titles to the properties they bought are being unlawfully withheld by the PAG-IBIG Fund, are but a glimpse of what our countrymen would expect, see, and experience, when he is elected to the presidency.

                 I fully welcome this development which I take as an opportunity, not so much to defend myself or tarnish the reputation of VP Binay, but to reveal the real reasons behind my persecution and incarceration, such as: 1) I did not give in to the demand for extortion of Php200Million by Gerry Limlingan allegedly upon the direct instructions of VP Binay; and 2) To implicate former Vice President Noli de Castro in this non-existent PAG-IBIG Fund scam, also allegedly upon the direct instructions of VP Binay --- all in exchange for my freedom from persecution and eventual incarceration. This testimony are all detailed in my Affidavit which I am submitting to the Honorable Sub-Committee.

               For sure, the camp of VP Binay will downplay my testimony by asking the question: Why only now?

               My answers to that question are straightforward:

    1. I can no longer bear to see that even the fully paid buyers of my projects are being made to suffer through the withholding of their titles by the PAG-IBIG FUND, unless they come out and file cases against me and Globe Asiatique; and worse, I cannot bear to see my thousands of legitimate buyers who are refused recognition by the PAG-IBIG FUND thus, putting their status in limbo (Just recently, I was vindicated by an HLURB Decision ordering the PAG-IBIG FUND to release the title of Globe Asiatique’s fully paid buyer and further ordering the PAG-IBIG FUND to accept and honor the replacement buyers);
    2. I am emboldened to come forward to reveal the truth because it was only recently that good men like yourselves in the government, took the cudgel for the Filipino nation to reveal the corrupt practices of this very powerful political figure; and
    3. Before, I completely relied on our judicial system to vindicate myself and set out the truth. However, despite the fact that I won all the cases before the regional trial courts and the various divisions of the Court of Appeals, here I am, still languishing in jail, for a crime that I did not commit, and for the breach of contracts which the PAG-IBIG Fund has been repeatedly adjudged to be guilty of by the courts.

               For the information of everybody, especially the press, all the 9 cases now pending before the Supreme Court are appeals filed by the PAG-IBIG FUND which only means one thing --- I WON all the cases and the PAG-IBIG FUND lost, that is why it is the HDMF that is appealing to the Supreme Court.

               It is really fatefully distressing to realize that a legitimate businessman like me will languish indefinitely in prison for a crime that I did not commit. If this happened to me, it can happen to any legitimate businessman or ordinary person --- we are all subject to the whims and caprices of VP Binay, especially when he becomes, fate forbids, the President of this country.

                Through my revelations today, I am appealing to everyone’s common sense  in answering for themselves the following questions, so that they can relate to my statements regarding the real reasons behind my persecution and continued incarceration:

    1. Why a legitimate businessman like me who has donated churches, public school buildings, and municipal halls, to name a few, with an aggregate value of more than Php500 Million, would defraud the only 28 complainants of PAG-IBIG FUND who actually filed cases against me, when the total value of their claim is less than Php P18 Million?
    2. If I really owe or defrauded PAG-BIG Fund of Php6.6 Billion, why is it that up to now or after 5 years, no civil case for the collection of that alleged Php6.6 Billion is filed against me by the PAG-IBIG FUND?

a. Why is it that up to now or after 5 years, PAG-IBIG FUND has not sent me or my company any demand letter demanding the payment of the amount of Php6.6 Billion?

b. Why is it that when I filed the civil case for specific performance against the PAG-IBIG FUND, the amount of its counter-claim was only Php12 Million representing attorney’s fees?

c. Why is it that the Office of the Solicitor General (OSG) admitted that there is no such claim in the criminal case of Php6.6 Billion?

d. And why is it that during the Senate Hearing about this alleged scam, Atty. Darlene Berberabe herself, the President of the PAG-IBIG FUND, admitted that it is not I nor Globe Asiatique but the borrowers/buyers of the Xevera projects who are indebted to the PAG-IBIG FUND because the Php6.6 Billion is an end-user’s loan and not a developer’s loan.

3. Why should I be faulted for the alleged existence of ghost buyers in the Xevera Projects when I was not the one who approved their PAG-IBIG loan applications but the PAG-IBIG FUND itself? Why did PAG-IBIG FUND approve the loan applications knowing them to be coming from ghost buyers?

a. Why should I be faulted for the PAG-IBIG membership of these alleged ghost buyers when everyone of them is certified to by the PAG-IBIG FUND as members in good standing in a document known as Membership Status Verification Slip or MSVS?

b. Why should I introduce fake or ghost buyers in the Xevera projects when PAG-IBIG FUND admits in the Board Meeting of its Board of Directors that these projects are highly saleable because these are township projects with churches, schools, municipal halls, eco and themed parks, swimming pools, and amenities unheard of from any other existing subdivision projects?

4. And finally, the records will bear that all the titles to the properties which PAG-IBIG FUND claims to have been sold twice are still under the name of Globe Asiatique and the only contract signed by the buyers of these properties are contracts to sell or mere promise to sell.

      1. So how can there be a case of double sale if the  contract to sell of the first buyer who defaulted in the payment has already been cancelled and the same property is sold to the replacement buyer which is ordered by no less than the provisions of the contracts entered into between Globe Asiatique and the PAG-IBIG FUND?
      2. If the claim of the PAG-IBIG FUND is true that there are cases of double sale in my projects, why is it that there is no single occupant/buyer of the units of my projects came out to say that somebody else knocked on his door and claimed that he is the first buyer and real owner of the same property?

To implicate former Vice President Noli de Castro, VP Binay through PAG-IBIG FUND falsely claimed that I was given a special treatment.

                   Again,  I appeal to every one’s common sense ---

    1. Is it a special treatment for a developer like me who is imposed of a 5-year buyback guarantee to pay the loans of the delinquent buyers/borrowers of the PAG-IBIG Fund, when all the rest of the 204 real estate developers accredited under the same program of the PAG-IBIG FUND are only required to have a 2-year buy back guarantee?              
    2. Is it a special treatment for a developer like me who is imposed of a 95% performance ratio when all the rest of the real estate developers under the same contract were only required of 90% performance ratio?
    3. Is it a special treatment for a developer like me to be limited to loan counseling?

                 Currently, I am a detainee of the San Fernando Provincial  Jail for syndicated estafa  because allegedly, the PAG-IBIG FUND has a wealth of evidence that I have been paying for the unpaid obligations of the delinquent buyers of the Xevera Projects --- this, according to the PAG-IBIG FUND –is my modus operandi in swindling the government of billions of pesos by showing that the accounts are up-dated when in fact, they are not.

                 However, the courts, both the trial courts and the various divisions of the Court of Appeals, are all in unison in saying that there is no syndicated estafa, simply because when our company, Globe Asiatique paid for the unpaid obligations of the delinquent buyers/borrowers, we were only following the dictates of the contracts which were all prepared by the PAG-IBIG FUND itself as a form of security to protect the FUND against delinquent accounts.

                 In short, it is all too easy to understand that I never defrauded the PAG-IBIG  FUND of Php6.6 Billion as no such damage exist because these are fully collateralized by an aggregate value of  Php9 Billion worth of properties based on HDMF’s own appraisal, of the PAG-IBIG member-borrowers who bought houses and lots in our Xevera projects. This Php6.6 Billion, according to PAG-IBIG FUND itself in its Board Meeting, is an end-user’s loan and not a developer’s loan.

                 It is all too easy to understand that I never have to introduce any fake or ghost buyers because our Xevera projects are saleable on its own merits possessing as they do amenities which are unheard of from any other existing subdivision projects.

                 It is all too easy to understand that if ever there are fake or ghost buyers, it is entirely the fault of the PAG-IBIG FUND who certified through the MSVS that they are bona fide members in good standing of the PAG-IBIG Fund prior to the approval of their loan applications by the PAG-IBIG Fund itself.

                 It is all too easy to understand that there is no case of double sale in our Xevera projects, and that if PAG-IBIG FUND will cancel all the contracts of the other 204 real estate developers which it accredited under the Window 1 Facility, the same controversies of double sale, fictitious buyers, and damage to HDMF will crop up and these legitimate businessmen will also be destroyed and will be subjected to the same inconvenience and oppression that I and Globe Asiatique are suffering now.

                  But why am I languishing in prison if none of the accusations against me is true?  That is because 1) I did not give in to the extortion of Php200 Million and 2) because I cannot take in conscience to implicate former VP Noli de Castro in this non existent anomaly or scam.

                   Finally, the biggest and probably the mother of all anomalies being perpetrated by VP Binay is by over-charging by at least Php5,000.00 each which would account for at least Php5 Billion a year, all PAG-IBIG members who are availing PAG-IBIG FUND’s  housing loan program.

                  As can be easily seen in the attached summary, each PAG-IBIG member-borrower who avails of HDMF loan is being charged of at least Php8,000.00 as insurance premium for MRI and Fire Insurance in advance for one (1) year, which advance, the PAG-IBIG member will only recover after say 30 years if the term of the loan is 30 years. In the meantime, the insurance company or the PAG-IBIG FUND is holding the advance insurance premium of each PAG-IBIG member. In the data attached, this will account for a minimum of Php8 Billion in the hands of the insurance company or the PAG-IBIG FUND.

                 What is alarming is when you take out a similar MRI and Fire Insurance from Sun Life of Canada or other big insurance companies, the premium payment is only Php3,000.00. This means that the PAG-IBIG FUND under VP Binay’s leadership is over- charging our hapless PAG-IBIG members of Php5,000.00 each which account for at least Php5 Billion a year as shown in the attached Summary. These billions of pesos which has been collected by HDMF or the PAG-IBIG FUND in favor of the insurance company that may be chosen by VP Binay since he became the housing Tzar has not been officially audited and is of unknown account --- a serious matter that this august chamber should likewise investigate.

                   Thank you very much and more power.

                                                                                   DELFIN S. LEE

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