Delfin Lee

Delfin Lee

Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

DELFIN Lee, accused of trying to scam taxpayers money in a public housing fund, has formally lodged an administrative and criminal complaint before the Supreme Court (SC) against the executive judge of the Regional Trial Court (RTC) in San Fernando, Pampanga.

In a five-page verified complaint filed on Thursday with the SC Office of the Court Administrator, Lee accused RTC Executive Judge Divina Luz Simbulan of direct extortion.

Lee also accused Simbulan, who is pushing for his transfer from the provincial jail to a city jail, of gross ignorance of the law. Lee said Simbulan is “interfering with the jurisdiction of RTC, Branch 42 of San Fernando, Pampanga, presided by Judge Maria Amifaith Fider-Reyes.”

Lee also sought the disbarment of Simbulan for supposed violation of Code of Professional Conduct of Lawyers.

He is seeking the dismissal of Judge Simbulan from the service for “meddling” in the P6.6-billion syndicated estafa case against him pending before the sala of Fider-Reyes.

He also asked the SC to refer the case to the Ombudsman for criminal investigation and prosecution against the judge for violation of Section 3 (b) & (e) of Republic Act 3019 for “directly soliciting a brand- new Nissan Patrol from me in exchange for her favorable opinion for me to be interviewed by the media and for causing undue injury to me.”

“Sometime in April Judge Simbulan, through an emissary of her husband Regional State Prosecutor [RSP] Jesus Simbulan, offered to help me to be interviewed by GMA Network Inc. in exchange for one brand-new Nissan Patrol, because, according to them, I will not be allowed by Judge Fider-Reyes to be interviewed by the media. But since Judge Simbulan is the executive judge, she can issue a written opinion so persuasive that Judge Fider-Reyes will have no choice but to accede,” the complaint read.

The complaint said he turned down the demand of Simbulan, saying that he is “financially distressed” due to the cases filed against him, which affected all his businesses.

“In view of my refusal to give Judge Simbulan and RSP Simbulan the brand-new Nissan Patrol that they are demanding or soliciting from me, Judge Simbulan caused the closure of the bakery, which was being used by the provincial jail in training the inmates to learn some sort of livelihood, because Judge Simbulan heard from other inmates that I donated some money in putting up the said bakery,” Lee claimed.

Lee also linked Judge Simbulan’s letter to Judge Fider-Reyes a letter dated October 29, 2015, advising the latter to transfer him to the Bureau of Jail Management and Penology (BJMPP) Telabastagan without offering any valid ground, and without waiting for the Order of Judge Fider-Reyes whose court has jurisdiction over my case.

He noted that Judge Simbulan even personally coordinated with BJMP officials of Telabastagan for his immediate transfer and represented to them that she has the authority to order his transfer.

In a supplemental letter, Judge Simbulan even suggested that Lee be transferred to BJMP Arayat, which is an hour away from the court, Lee said in his complaint.

http://www.businessmirror.com.ph/accused-housing-scam-brain-files-case-vs-pampanga-judge/

In an 11-page complaint with the Office of the Court Administrator, Mr. Lee accused San Fernando RTC Executive Judge Divina Luz P. Aquino-Simbulan of gross ignorance of the law, usurpation of official functions, and violation of the Anti-Graft and Corrupt Practices Act.

Mr. Lee claimed Ms. Simbulan, through an emissary, offered to interfere in his syndicated estafa case in exchange for a brand-new Nissan Patrol. The head judge was able to befriend and ask him questions without the presence of his lawyers, he also alleged.

Ms. Simbulan, the complaint claimed, promised to write the judge handling his case, Branch 42 Judge Maria Amifaith S. Fider-Reyes, to issue favorable court orders.

Mr. Lee said that despite not giving in to the request, Ms. Simbulan wrote Ms. Fider-Reyes in April to allow the granting of an interview with GMA Network.

When the Branch 41 judge nevertheless declined to do so, Ms. Simbulan “told me that she could do nothing because Judge Fider-Reyes is ‘weird’ and ‘boba [stupid],’ but promised me instead to do everything she could to make my life easy at the provincial jail.”

But when Mr. Lee said he could not give her the car, Ms. Simbulan allegedly retaliated by closing down the jail bakery he donated money to put up.

This also led to the judge’s supposed recommendation to Ms. Fider-Reyes, as earlier reported by the media, for his transfer to the Telabastagan district jail over the presence of supposed special accommodations at the Pampanga Provincial Jail.

Because of these, Mr. Lee sought to have Ms. Simbulan removed from her post for rendering the opinion that he could be interviewed despite Ms. Fider-Reyes’ inclination against it, as well as coordinating with the officials of Bureau of Jail Management and Penology (BJMP) for his transfer despite the lack of an order.

He also sought criminal prosecution for usurpation of power and extortion, as well as her disbarment.

Mr. Lee was captured by police on March 2014, after two years in hiding. He is accused of defrauding the Pag-IBIG Fund of over P6.6 billion through supposed fake borrowers in the Xevera socialized housing project in Pampanga.

The project -- a partnership between the Pag-IBIG Fund and Globe Asiatique -- allowed workers in the informal sector to avail themselves of the government’s housing program, with the government extending the developer a “funding commitment line (FCL).” Pag-IBIG later discovered alleged anomalies in the Xevera accounts when around 300 buyers either surrendered or were no longer interested in continuing the housing loans.

http://www.bworldonline.com/content.php?section=Nation&title=delfin-lee-files-complaint-against-judge&id=118196

By Ashley Manabat
Nov 05, 2015
 
CITY OF SAN FERNANDO – The executive judge of the Regional Trial Court (RTC) here is now in hot water after a complaint was filed against her by detained property developer Delfin Lee.

On Thursday, Lee, through his lawyer, filed a verified complaint before the Supreme Court against Executive Judge Divina Luz P. Aquino-Simbulan for gross ignorance of the law, usurpation of official functions and violation of RA 3019 otherwise known as the Anti-Graft and Corrupt Practices Act.

In his complaint to SC Court Administrator Midas P. Marquez, Lee said sometime in April this year, Simbulan, through an emissary of her husband, Regional State Prosecutor Jesus C. Simbulan, offered to help him be interviewed by GMA Network News in exchange for a brand new Nissan patrol.

Lee said the emissary told him that Judge Ma. Amifaith Fider-Reyes, the presiding judge of RTC Branch 42 hearing his syndicated estafa case, would not allow the interview but Simbulan is the executive judge and she can issue a written opinion “so persuasive that Reyes will have no choice but to accede.”

Lee also said he is a witness on how powerful Simbulan is in the Pampanga Provincial Jail because “everybody here knows about an incident wherein she forcibly took away from an inmate a Shih Tzu puppy for P1,000 only even if the usual price of the puppy ranges from P12,000 to P15,000. Lee said the woman inmate could do nothing and just cried profusely.”

Lee said even if he did not agree to Simbulan’s unsolicited help, Simbulan wrote a letter to Provincial Administrator Andres Pangilinan, Jr. in connection with the letter of Ruth Cabal, GMA News producer, rendering an opinion favorable to him.

According to Lee, a portion of Simbulan’s letter read: “It is the considered opinion of the undersigned executive judge that a detention prisoner has the right to receive and entertain visitors which include the media within the scheduled visiting hours of the Pampanga Provincial Jail. Thus, the request of Ms. Cabal to interview accused Delfin Lee depends on accused Delfin Lee if he will agree to receive Ms. Cabal as a visitor and grant her request to interview him.”

Lee said the opinion of Simbulan is contradictory to the position of Reyes who has been consistent in denying him interview with the media and even to attend the Senate hearing of Blue Ribbon Committee and despite Simbulan’s opinion, he was denied the interview with GMA News.

Lee said Simbulan befriended him even up to the point of calling Reyes names such as “weird and boba” and promised to do everything to make his life easy inside the jail.

But Lee said he told Simbulan he was financially distressed and could not afford the Nissan Patrol since his business could not function well.

Because of that, Lee said, Simbulan closed down the bakery, which she believed was donated by him, which was used in training inmates learn livelihood programs.

Not contented, Simbulan now wants him transferred to another jail, first at the Bureau of Jail Management and Penology facility in Telabastagan here, and subsequently in another letter, to the Arayat jail which could compromise his security due to the numerous death threats which, Lee said, he has been receiving since the start of the case.

Lee said Simbulan should be criminally prosecuted for usurpation of authority because she represented herself to the officials of the BJMP that she has the jurisdiction and power to transfer him.

Lee said Simbulan should also be administratively penalized and even removed as judge for gross ignorance of the law in interfering with the jurisdiction of RTC Branch 42. Likewise, for the executive judge to be “criminally prosecuted by the Ombudsman for violation of Section 3 (b) and (e) of RA 3019 for directly soliciting a brand new Nissan Patrol in exchange for her favorable opinion for (Lee) to be interviewed by the media…”

Finally, that Simbulan be disbarred by the IBP for obvious violations of the Professional Code of Lawyers.

Copies of Lee’s complaint were furnished to Simbulan, Reyes, the IBP, the Office of the Ombudsman, the Secretary of Justice and the Prosecutor General.

(Punto was still trying to reach Simbulan but failed as of presstime. Our pages are open to her side at her convenience – Editor)

http://punto.com.ph/News/Article/23873/Volume-9-No-44/Headlines/Delfin-Lee-files-case-vs-RTC-Executive-Judge-br-span-style-color-rgb-255-0-0--For-ignorance-of-the-law-usurpation-of-authority-graft-span

SAN FERNANDO CITY, Pampanga -- The Supreme Court (SC) will require the executive judge here to answer the administrative and criminal charges filed against her by detained Globe Asiatique president Delfin Lee.

SC court administrator Jose Midas Marquez said he would look into Lee’s complaint against Judge Divina Luz Simbulan.

“We will give Simbulan an opportunity to present her side if there is merit in the allegations,” Marquez said.

An SC official refused to confirm having received the complaint, citing confidentiality in administrative cases filed against members of the judiciary.

On Nov. 4, Lee filed a complaint against Simbulan, who has been pushing for his transfer from the provincial jail to the city jail.

The businessman, who is standing trial for a P6.6-billion syndicated estafa case, accused Simbulan of extortion.

Lee wanted Simbulan dismissed from judicial service for allegedly meddling in the case, which is being heard by another judge.

In a five-page complaint filed with the Office of the Court Administrator of the SC on Nov. 3, , Lee said Simbulan should be disbarred and dismissed from the service for meddling in the P6.6-billion syndicated estafa case he is facing.

He said RTC Branch 42 Judge Maria Amifaith Fider-Reyes is handling the case.

Lee said Simbulan coordinated with Telabastagan jail officials for his transfer despite the absence of any order from Fider-Reyes.

He also accused Simbulan of direct extortion. He said Simbulan solicited a brand new Nissan Patrol in exchange for allowing him to be interviewed by the media.

Lee said he refused to give in to the demand of the judge because he was ”financially distressed.”

For failing to comply with Simbulan’s demand, Lee said she caused the closure of a bakery in the jail, which she claimed he donated as livelihood program for the inmates.

Marquez said he would look into Lee’s charges. 

http://northphiltimes.blogspot.com/2015/11/sc-requires-pampanga-judge-to-answer.html

Noong Octubre 29 taong kasalukuyan ako ay nakatanggap ng sulat na galing kay Hon. Judge Divina Luz P. Aquino-Simbulan,isa pong executive judge sa pampanga na walang kinalaman sa kaso ko. Ayon po sa sulat iminumungkahi po ni Hon. Judge Divina Luz P. Aquino-Simbulan na ako po ay ilipat sa BJMP Telabastagan, sa kadahilanang  may mga tsismis at anonymous letters syang natangap na may special treatment ako at iba pa.

Hindi po ito katangap tangap sapagkat una, Alam naman po ng nakararami na simula palang ng kaso na ito ay marami na pong nagtatangka sa aking buhay para ako ay patahimikin at hindi na makapagsalita , ilang beses na po akong nakatanggap ng Death Treats kaya nga po ako hindi na nakadadalo sa iba ko pang mga hearing ,upang mabawasan ang pagkakataon na mapatay ako.

Pangalawa ililipat dw po ako sa kulungan malapit sa bahay ng isa sa aking mga abogado. Ang tanong ko po ay bakit po papaboran ng korte ang aking abogado na si aAtty Rivera? Anu po ang kinalaman sa batas ng tirahan ng aking abugado sa lugar kung saan po ako ikukulong? Higit sa lahat ibang abugado ko na syang nakatira sa Manila ang may hawak ng kaso ko.

 Pangatlo ang paglilipatan ko pong kulungan ay isang piitan o kulungan kung saan mga sentinsyadong kriminal ang mga nakakulong, ibig ko pong sabihin sila ay mga convicted na ng ating hukuman samantalang alam naman po ng lahat na hindi pa po ako convicted at panalo po ako sa kaso at mismong ang Pagibig po ang nag-apela sa supreme court. Hindi ho ba ito ay labag sa batas sapagkat  ayun sa batas ako po ay pressumed innocent until proven guilty. Wag po ninyong kalimutan na nanalo po ako sa RTC Makati at Pinanigan din ng CA. Ang PAGIBIG po ang nagaapeal sa Supreme court

 Pang-apat Bakit nakipag coordinate agad si Judge Divina Luz P. Aquino-Simbulan Sa BJMP na syang lilipatan ko kahit wala pang order si Judge Reyes? hindi naman po siya ang Presiding Judge o ang may hawak sa kaso ko. Kaya ba nyang garantyahin ang kaligtasan ko? Matitiyak po ba niya na walang magtatangka sa buhay ko doon?

 Panglima, ayon po sa kanyang ADVISE TO TRANSFER LETTER nais niyang ako ay ilipat sa lalong madaling panahon na labag po sa Rule 114, Section 3 of the Revised Rules on Criminal Procedure that no person under detention shall be transferred except upon lawful order of the court. Si Judge Amifaith Reyes po ang dapat na magrelease ng order na yan at hindi sya. Wala po syang kinalaman sa kaso ko.

Pang anim doon po sa ADVISE TO TRANSFER LETTER  ni Judge Divina Luz P. Aquino-Simbulan ay lumalabas na pinangunahan nya si Judge Amifaith Reyes at ang korte dahil nakipag coordinate agad siya sa BJMP na syang lilipatan ko kahit wala pang order si Judge Reyes?, nasaan po ang DUE PROCESS doon? Bakit po siya nakikialam sa jurisdiction ng korte ni Judge Reyes kahit wala naman siyang kinalaman sa kaso. 

 Pang pito, doon po sa mga basehan na ginamit ni Judge Divina Luz P. Aquino-Simbulan, sinabi nya na mayroon daw po akong special treatment, mayroon daw pong bumibisita sa akin araw araw o mayroon daw po akong body guard at naverify daw po niya ito, pero ayon din po sa kanyang sulat ay hindi daw po ito nagtatala sa log book, kung ganoon ano po ang kanyang patunay at nasabi po nyang nakompirma nya ang nasabing tao? Sya na rin nagsabi na wala pong record sa log book.
       
Isa pa po sa mga dahilan na iprinisinta niya ay itong si Kenneth Nicdao na sinasabi niyang aking body guard ay mayroon daw pong nakaaway o nakaalitan sa kulungan na isang Zumba Instructor, ang akin pong tanong ay ano naman po ang kinalaman ko sa personal na away o alitan nila? Ibig po bang sabihin ay kahit na sino pong dumalaw doon sakin at nakipag away ay ako po ang mananagot?

Panghuli lahat po ng akusasyon at mga ginamit na basehan upang imungkahi na ako ay ilipat ay walang konkretong patotoo o walang basis at hindi factual. Ayon po sa kanya ay may natanggap po lamang siyang mga Anonymous Letters kaya ito po ay hindi magagamit dahil ito po ay hindi makokompirma o mabeberipika.

Panghuli, Nakikiusap po ako kay Judge Divina Luz P. Aquino-Simbulan na sana po ay pahalagahan ang buhay, kung sakali man po na ililipat po ako ay wag biglaan at garantyahin po nila ang aking kaligtasan. Ngayong bigla syang nagkapersonal na interest sa akin ay personal din nyang garantiyahin ang aking kaligtasan.

 gadfl09gadfl08gadfl10a

The Supreme Court's Office of the Court Administrator (OCA) will look into an appeal from property developer Delfin Lee not to be taken out of the Pampanga Provincial Jail and transferred to a city jail.

In a text message to reporters, Court Administrator Midas Marquez confirmed that he has received a copy of the motion that Lee filed with Judge Amifaith Reyes of the Regional Trial Court Branch 41 in Pampanga, which is hearing the syndicated estafa case against him.

In his motion, Lee opposed a letter from San Fernando RTC Executive Judge Divina Luz Simbulan asking Judge Reyes "to consider" transfering him to the city jail in Telabastagan, SanFernando due to alleged special treatment he is getting at the provincial jail.

“I am looking into it (Lee’s plea) to determine what action may be done on the issue, or if there’s need for any,” Marquez said, adding that apart from Lee's motion, he also already has a copy of Simbulan's letter to Reyes.

The SC official said he would also verify reports that an anonymous complaint has been filed against Judge Simbulan.

“I haven’t seen the complaint yet,” Marquez added.

Lee, president of Globe Asiatique linked to the alleged P6.6-billion housing controversy, last week run to the SC's OCA to contest Simbulan's transfer order.

Lee, through his lawyer Salvador Viste Jr., branded as mere "conjectures and hearsay" the allegations that he was being given special treatment at the facility where he is currently detained.

Lee argued that Simbulan’s information was based on anonymous letters, which meant that “these information whatever they may be, from anonymous senders are not verifiable [and] not reliable.”

“In short, there is no direct allegation or claim of special treatment in favor of herein accused at the Pampanga Provincial Jail. All that has been said in the subject letter are those enumerated surmises, conjectures and hearsay,” he added.

After suggesting that Lee be transferred to the city jail in Telabastagan, the executive judge later, in a supplemental letter to fellow Judge Reyes, suggested Lee to be transfered instead to a jail facility in Arayat, which is one hour away from San Fernando City.

In her supplemental letter to Judge Reyes last Monday, Judge Simbulan said the Arayat jail would be more conducive for Lee as it is not as overcrowded as the Telabastagan facility.

Lee insisted that allowing his transfer would violate his constitutional right to be presumed innocent until proven guilty, considering that the advise to transfer him to BJMP Telabastagan has no legal and factual basis.

He reiterated that his transfer to a smaller jail would put his life in danger.

Lee said that the RTC should first conduct a verification of the allegations of special treatment before deciding on the matter.

In his motion, Lee also asked Judge Reyes to compel Judge Simbulan to testify and produce evidence to support her allegations of VIP treatment. He said Judge Simbulan should also be asked to execute a written personal undertaking to secure his safety and to take full responsibility for any consequence in case his transfer pushes through.

 

http://www.gmanetwork.com/news/story/543149/news/regions/sc-studying-transfer-of-delfin-lee-due-to-alleged-special-treatment-in-pampanga-jail

Written by Benjamin B. Pulta Tuesday, 03 November 2015 00:00

Controversial businessman Delfin Lee is crying foul over the moves by a Pampanga executive judge who is ordering the magistrate handling Lee’s case to move him to a less secure prison facility with the general inmate population in the region.

In an omnibus motion filed before the sala of Branch 42 San Fernando RTC Presiding Judge Maria Amifaith Fider-Reyes, Lee through his lawyer Salvador Viste Jr., asked the latter to conduct further verification of claims of special treatment being hurled against him before heeding the advise of Executive Judge Divina Luz Aquino-Simbulan.

The founder of the Globe Asiatique Realty Holdings Corp., is asking the Supreme Court (SC) to look into the legality of the directive issued by the executive judge of the Regional Trial Court (RTC) of San Fernando City ordering his transfer from the Pampanga Provincial Jail to a nearby prison facility under the supervision of the Bureau of Jail Management and Penology (BJMP).

Lee branded as mere “conjectures and hearsay” the allegations that he is being accorded special treatment at the provincial jail.

“Thus, it will be truly unfair for herein accused to be transferred to the BJMP Telabastagan and be incarcerated together with one hundred, more or less, common and hardened criminals, especially so the herein accused is not even a convicted felon,” Lee said.

He added that allowing his transfer would violate his constitutional right to be presumed innocent until proven guilty considering that the advise to transfer him to BJMP Telabastagan has no legal and factual bases.

Judge Simbulan, in a letter addressed to Judge Fider-Reyes, who is handling the syndicated estafa case filed against Lee and several others, insinuated that Lee was enjoying special treatment at the provincial jail where he has been detained since 2014.

The executive judge told Judge Fider-Reyes that during his surprise quarterly jail visitations he observed that Lee is detained at the second floor of the provincial jail that was newly reconstructed and rehabilitated.

She said there was a number of vacant detention cells at the said second floor and Lee was a solo inmate in his cell.

The executive judge added that she was surprised to see that there is a small gym in the vacant cell located adjoining Lee’s cell and that the detainee has a bodyguard.

Likewise, Judge Simbulan pointed out that Lee’s transfer to BJMP Telabastagan in San Fernando City, would be beneficial to his lawyer Wille Rivera who holds office near the prison facility.

Lee asked Judge Fider-Reyes to compel Judge Simbulan to testify and produce evidence to support his allegations if the latter would insist on his transfer.

He said Judge Simbulan should also be asked to execute a written personal undertaking to secure his safety in case his transfer pushes through and to take full responsibility for any consequence of such action.

Lee’s camp has also provided the SC through the Office of the Court Administrator (OCA) a copy of its motion, requesting the latter to look into the validity of Judge Simbulan’s “advise.”

Lee is currently detained at the Pampanga provincial jail on earlier charges of syndicated estafa involving P6.6 billion in housing loan proceeds for home buyers.

Earlier, Lee’s camp had asked the Court of Appeals to quash a warrant issued by Pampanga RTC. The CA quashed the warrant but the SC has enjoined the CA from implementing its order.

 

http://www.tribune.net.ph/nation/lee-cries-foul-over-his-immediate-transfer

By: Brian Maglungsod and Jess Malabanan, InterAksyon.com

November 2, 2015 5:46 PM
InterAksyon.com
The online news portal of TV5

MANILA - Detained real estate developer Delfin Lee has asked the Supreme Court (SC) and a local court in San Fernando, Pampanga to look into the legality of an advice for the transfer of his detention from the Pampanga provincial jail to the Telabastagan detention facility supervised by the Bureau of Jail Management and Penology (BJMP).

In a motion, Lee appealed to the Office of the Court Administrator (OCA) and San Fernando, Pampanga Regional Trial Court (RTC) Branch 42 Judge Maria Amifaith Fider-Reyes to take a look at the directive of Executive Judge Divina Luz Aquino-Simbulan for his transfer of detention.

Lee said Simbulan's findings that he was being accorded special treatment at the provincial jail as the reason for him to be transferred to another detention facility were mere "conjectures and hearsay" that have no basis and, if allowed to push through, would violate his constitutional right to be presumed innocent until proven guilty of the charges of syndicated estafa.

Furthermore, Lee, who is currently detained at Pampanga Provincial Jail, said he has been receiving numerous death threats, and claimed his transfer would expose him to great danger.

BJMP officials led by Supt. Rufino M. Santiago, Jr. and District Jail Warden Roy Regacho, however assured Lee that they can secure the real estate developer.

Lee's lawyer, Atty. Rony Garay, disclosed that Executive Judge Simbulan had already coordinated the transfer of the accused without waiting for the court's action.

In an Omnibus Motion, Garay asserted that "no person under detention shall be transferred except upon lawful order of the court."

Garay said that, to transfer his client would "trivialize and trample upon his constitutional right" of being presumed innocent until the contrary is proven because the advise to transfer him to the BJMP Telabastagan has no legal and factual basis.

If Simbulan would insist on the transfer, Garay said, his client requested that Simbulan be required to execute a written personal undertaking to secure the safety of his client, and, in case he is physically harmed at BJMP Telabastagan, any consequence shall be the personal liability of the executive judge.

What's worse, Garay added, was Simbulan's basis for her "advise" which he described as "pure surmises, conjectures and hearsay."

The Judge said she wants Lee transferred to another jail facility here after receiving "anonymous letters affecting Lee" and for being "surprised to see that there is a small gym (with bench press) in the vacant cell adjoining the cell where accused Delfin Lee was incarcerated."

He said it will be "truly unfair" for Lee to be transferred to the BJMP Telabastagan and be incarcerated together with about 100 common and hardened criminals, especially because the accused is not yet a convicted felon, since the syndicated estafa charges filed against him have yet to be resolved with finality.

The issue stemmed from Simbulan's letter to Fider-Reyes claiming that Lee was enjoying special treatment at the provincial jail, including the fact that he is alone in his cell and even has a bodyguard.

But Lee said there is no truth to Simbulan's letter, as he asked the Executive Judge to produce evidence to support her claim, especially if she would insist on his transfer.

Lee and several other officials of his firm – Globe Asiatique (GA) – and the government's Pag-IBIG housing agency were facing syndicates estafa charges for allegedly defrauding members of Pag-IBIG of some P6.6 billion in housing loans.

Globe Asiatique allegedly used fictitious names to take out loans from Pag-IBIG to fund its housing project in Mabalacat, Pampanga.

 

http://www.interaksyon.com/article/119635/delfin-lee-seeks-clarity-on-move-to-transfer-his-place-of-detention

The detained property developer says allegations that he was enjoying special treatment at the Pampanga provincial jail were mere 'conjectures and hearsay'

MANILA, Philippines – Detained property developer Delfin Lee has asked the Supreme Court to look into the legality of a directive for his transfer from the Pampanga provincial jail to the Telabastagan detention facility in San Fernando City.

In a letter to San Fernando Regional Trial Court Branch 42 Presiding Judge Maria Amifaith Fider Reyes, Executive Judge Divina Luz Aquino Simbulan recommended Lee's transfer to the San Fernando facility because of the alleged special treatment that Lee was enjoying at the provincial jail, where he has been detained since 2014.

But Lee denied the claim, saying there was no legal and factual basis to order his transfer to the facility supervised by the Bureau of Jail Management and Penology (BJMP).

He added that Simbulan's allegations were mere "conjectures and hearsay."

"Thus, it will be truly unfair for herein accused to be transferred to the BJMP Telabastagan and be incarcerated together with one hundred, more or less, common and hardened criminals, especially so that herein accused is not even a convicted felon," Lee, through counsel Salvador Viste Jr, said.

In the letter, Simbulan said Lee was accorded special treatment as he was alone in his cell and even had a bodyguard. She added that Lee was detained at the newly rehabilitated second floor of the provincial jail.

Lee has asked Fider-Reyes to compel Simbulan to testify and back up her allegations.

Lee, owner of Globe Asiatique real estate company, is currently detained at the Pampanga jail for syndicated estafa charges filed by the justice department over the alleged use of ghost borrowers to obtain P6.6 billion loans from Pag-IBIG Fund in 2009.

 

 

http://www.rappler.com/nation/111497-delfin-lee-supreme-court-transfer-pampanga-jail

DELFIN LEE, founder of the controversial real-estate company Globe Asiatique Realty Holdings Corp., has asked the Supreme Court (SC) to look into the legality of the directive issued by the executive judge of the Regional Trial Court (RTC) in San Fernando City ordering his transfer from the Pampanga Provincial Jail to a nearby prison facility under the supervision of the Bureau of Jail Management and Penology (BJMP).

In an omnibus motion filed before Judge Maria Amifaith Fider-Reyes of Branch 42 of the RTC in San Fernando, Lee through his lawyer Salvador Viste Jr., asked the latter to conduct further verification of insinuations of special treatment being hurled against him before heeding the advise of Executive Judge Divina Luz Aquino-Simbulan.

Lee branded as mere “conjectures and hearsay” the allegations that he is being accorded special treatment at the provincial jail.

“Thus, it will be truly unfair for herein accused to be transferred to the BJMP Telabastagan and be incarcerated together with 100, more or less, common and hardened criminals, especially so that herein accused is not even a convicted felon,” Lee said.

He added that allowing his transfer would violate his constitutional right to be presumed innocent until proven guilty, considering that the advise to transfer him to BJMP Telabastagan has no legal and factual bases.

Simbulan, in a letter addressed to Fider-Reyes, who is handling the syndicated estafa case filed against Lee and several others, insinuated that Lee was enjoying special treatment at the provincial jail where he has been detained since 2014.

Simbulan told Fider-Reyes that during her surprise quarterly jail visitations she observed that Lee is detained at the second floor of the provincial jail that was newly reconstructed and rehabilitated.

She said there was a number of vacant detention cells at the said second floor and Lee was a solo inmate in his cell.

The executive judge added that she was surprised to see that there is a small gym in the vacant cell adjoining Lee’s cell and that the detainee has a bodyguard.

Likewise, Simbulan pointed out that Lee’s transfer to the BJMP facility in Telabastagan in San Fernando City, would be beneficial to his lawyer Wille Rivera who holds office near the prison facility.

Lee asked Fider-Reyes to compel Simbulan to testify and produce evidence to support his allegations if the latter would insist on his transfer.

Lee said Simbulan should also be asked to execute a written personal undertaking to secure his safety in case his transfer pushes through and to take full responsibility for any consequence of such action.

Lee’s camp has also provided the SC through the Office of the Court Administrator (OCA) a copy of its motion, with a corresponding request for the latter to look into the validity of Simbulan’s “advise.”

Lee, is currently detained at the Pampanga Provincial Jail on earlier charges of syndicated estafa for allegedly defrauding the government of P6.6 billion in housing loan proceeds for home buyers, whom investigators later found to be fictitious or had incomplete documents.

Earlier, Lee’s camp asked the Court of Appeals to quash a warrant issued by the RTC in Pampanga.

The CA (CA) quashed the warrant but the SC has enjoined the CA from implementing its order.

 

http://www.businessmirror.com.ph/delfin-lee-assails-jail-transfer/

Page 1 of 11