Delfin Lee

Delfin Lee

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By Edu Punay (The Philippine Star) | Updated November 4, 2015 - 12:00am

MANILA, Philippines - A Pampanga Regional Trial Court is set to hear the request of an RTC executive judge to transfer Globe Asiatique president Delfin Lee from the provincial jail to a city jail.

RTC Branch 42 Judge Amifaith Reyes set the hearing on Nov. 9.

RTC Executive Judge Divina Luz Simbulan sought Lee’s transfer, saying he is getting special treatment and has a bodyguard at the provincial jail. She conducted a surprise visit to the provincial jail last July 13 and saw Lee conferring with his lawyer at his cell, which is also prohibited in jails.

Simbulan – who earlier said Lee should be transferred to the city jail in Barangay Telabastagan – said the Arayat jail, which is not overcrowded, would be more conducive for Lee.

“Per verification from the BJMP (Bureau of Jail Management and Penology) and Pampanga provincial jail wardens, BJMP Arayat could ideally accommodate 30 inmates and has 32 inmates as of Oct. 6,” she said.

Lee had opposed his transfer to a smaller jail, dismissing as “conjectures and hearsay” allegations that he is getting special treatment at the provincial jail.

 

http://www.philstar.com/nation/2015/11/04/1518182/pampanga-court-sets-hearing-delfin-lees-jail-transfer

DETAINED Globe Asiatique president Delfin Lee sought the Supreme Court’s help Monday to stop his transfer from Pampanga Provincial Jail to the San Fernando City Jail.

Pampanga Regional Trial Court Luz Simbulan ordered his transfer following allegation that Lee is receiving special treatment from his jailers.

But Lee, in his plea before the Office of the Court Administrator, said such insinuation was based on hearsay.

“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.

Lee said Simbulan’s information was based on anonymous letters.

“These information whatever they may be, from anonymous senders are not verifiable, not reliable,” Lee said.

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

He added that if he would be transferred, his constitutional right to be presumed innocent until proven guilty would be violated because his transfer has no legal and factual bases.

Lee also urged Pampanga RTC Branch 42 Judge Amifaith Reyes to compel Judge Simbulan to testify and produce the evidence to support the allegation of special treatment.

The Pampanga RTC Branch 42 is hearing the syndicated estafa case of Lee.

He also asked Judge Reyes 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.

 

http://newsinfo.inquirer.net/736257/delfin-lee-asks-sc-to-stop-his-jail-transfer

CONTROVERSIAL businessman Delfin S. Lee has asked the Regional Trial Court (RTC) of San Fernando, Pampanga, to set hearings on the alleged interference of the executive judge in his syndicated estafa case.

In a five-page motion dated Oct. 29, the Lee camp sought hearings to tackle San Fernando RTC Executive Judge Divina Luz P. Aquino-Simbulan’s letter to Branch 42 Judge Maria Amifaith S. Fider-Reyes “advising” the transfer of Mr. Lee to another detention facility.

The motion, filed by Mr. Lee’s counsel Salvador B. Viste, Jr., said Ms. Simbulan’s recommendation “preempted any action of the... Honorable Court, which is yet to act on the said ‘advise.’”

Ms. Simbulan in her letter advised Ms. Reyes to order Mr. Lee’s transfer to the Telabastagan district jail, from his current detention at Pampanga Provincial Jail.

Aside from deeming the letter an interference on the Branch 42’s jurisdiction, the motion said Ms. Simbulan based her recommendation on “pure surmises, conjectures and hearsay.”

The motion said the judge cited anonymous letters detailing the presence of special accommodations at the Pampanga Provincial Jail. She also noted a Zumba instructor’s complaint that Mr. Lee’s supposed bodyguard threatened him with violence.

There was “no direct allegation or claim of special treatment in favor of herein accused,” the motion said of the letter.

“Thus, it will be truly unfair for herein accused to be transferred to 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,” the motion said.

The motion concluded the “advise” for Mr. Lee’s transfer had no factual or legal bases, because he was also not deemed a threat to his co-inmates at the Pampanga Provincial Jail.

Aside from seeking hearings to tackle Ms. Simbulan’s letter, the motion also asked for an ocular inspection of Mr. Lee’s cell at the Pampanga Provincial Jail “to verify the insinuation of special treatment.”

A copy of the motion was also furnished to the Office of the Court Administrator (OCA) at the Supreme Court.

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. -- with Vince Alvic Alexis F. Nonato

 

http://www.bworldonline.com/content.php?section=Nation&title=judge-hit-for-alleged-interference-in-delfin-lee-case&id=117977

By Ding Cervantes (The Philippine Star) | Updated October 31, 2015 - 12:00am

SAN FERNANDO, Pampanga, Philippines – The executive judge of the Regional Trial Court (RTC) here has sought the transfer of Globe Asiatique president Delfin Lee from the provincial jail to the city jail in Barangay Telebastagan.

Lee said he received a copy of the resolution of RTC Executive Judge Divina Luz Simbulan addressed to RTC Judge Amifaith Reyes, who is hearing the syndicated estafa case against him.

“Since Lee has waived his appearance in the proceedings of this case, it would appear that security concerns in transporting him from the detention facility to the court are nil,” Simbulan said in a letter to Reyes dated Oct. 29.

Simbulan said Lee is also getting special treatment and has a bodyguard at the provincial jail.

Lee ealier asked the Supreme Court to order his release and stop his indictment for syndicated estafa for the allegedly anomalous housing projects in Pampanga worth P6.6 billion.

In an interview, Lee expressed concern that his transfer to a smaller jail would put his life in danger.

http://www.philstar.com/nation/2015/10/31/1516651/transfer-delfin-lee-city-jail

Buong puso akong nagpapasalamat sa aking mga kababayan at sa lahat ng taong sumusuporta sa katotohanan.

Dahil po sa inyong pag like, pag share at pakikiisa ay nabuksan ang mata,isip at higit sa lahat ang puso ng sambayanang Pilipino na hindi totoo at gawa gawa lang ang 6.6 billion scam.

Kabahagi ng inyong suporta ang isang liham na aking natanggap dito sa Pampanga provincial jail.

Sana po ay mabasa ninyo ito.

 

Dear Mr. Delfin Lee,

I used to enjoy your Saturday TV shows, and let me tell you I got a tip or two from those shows of yours.
Then, I saw the way your subdivision was laid-out in Pampanga, and I told myself this developer has taste and heart too. None of that commercialism that engulfs every subdivision in town, but one that had vision for the people’s enjoyment specially for the class of people that were going to dwell there.
Then came your persecution that is now known all over the nation. At first I was so disappointed that you had turned to a “criminal” of sorts, but deep in me I still believed you have a good heart.

Not that the truth has come out and the conspiracy against you is known, I found with great joy that I was not wrong in my feelings about your goodness.

I enclose a letter that I made and sent to my circle of friends. I am a writer and true to my calling, I have put down into print what I believe in. I also sent my article to Senator Antonio Trillianes.
Someday, I hope to be able to visit your subdivision, and see for myself that something beautiful need not only be for the rich but can also be attained for those who work so hard to live in a nice environment. All these can only be achieved if the man in the helm has a true heart for others.

Thank you for your gift of loving kindness.
Please believe me when I assure you that those months in jail, will not be in vain. You might not understand it now, but later, when your heart has found forgiveness, you will know those jail days were God gifts. It is too complex to understand at this point, but it will come.
Many thanks for all you have done for others. I am sure it is only the start of the many more things you will accomplish in your life.
As the Spaniards say: OLE! For your freedom to come!

DRUNK WITH GREED

By Marcia Evangelista-Sandoval
Old Girl Writes – April 20, 2015

Two old men, probably in their late 70’s, were facing the Senate investigation committee regarding their leaving their old site in Tipa de Gallina, in barangay San Isidro, Makati City, to transfer to Calauan, Laguna. About 800 squatter families had been living in San Isidro for decades.

The Mayor of Makati offered to transfer them, to what sounded like their “dream-come-true” vision. The new location would enable them to live in a house and lot, facilities for light and water. All gratis! A title to such a property would be given them as soon as they moved to Calauan.

Excited with the thought of living in a healthy, provincial environment plus owning a house and lot, they quickly threw their meager belongings to waiting trucks that were going to transport them to Laguna. The year was 2002, sometime in March, the two men recalled.

Upon reaching Calauan what was awaiting the 800 families were raw lands, deep with weeds, with nothing but darkness surrounding them. Not a drop of water in sight! As if to make matters worst, they were drenched to their skins from endless days of rain. That was their welcome to their supposedly new homes turned to a bad dream. Not a shed to shelter them. As a parting gift, the Mayor’s office, (the irony of it all) gave each family two kilos or rotten rice and two cans of sardines, the cans all dented. That was the beginning of their still on- going endless anguish!

The narrations told all, both under oath about their ghastly existence. Both old men recollected tales and more dreadful tales that made the television listeners sick to their stomachs with the listeners’ blind hope that they were hearing not too true stories. To this day, the hellish lifestyle that the 800 families still continue.
From the time these families arrived in Calauan, the death due to starvation has been severe. There was the death of a family of three, the rest mostly children. There is no means of livelihood. The “lucrative” trade has been prostitution, P100 for a night. Barter on this trade is even possible, for two kilos of rice!
You know the names of the family that this essay is talking about. I purposely find that I cannot even print their names. It would make me vomit!

With all their accusations: the overpricing of city hall building; the over pricing of the Makati science building; the farm lands in Batangas, the hotel suites, the Boy Scout fiasco; the persecution of Delfin Lee. All these transaction of corruption dwell on money, ONLY MONEY! But the DESTRUCTION OF LIVES is an Extremely Severe Matter. Truly, all of these heartless happenings are a true story of a family DRUNK WITH GREED!

 

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

Sa ngalan po ng mga fully paid buyer/borrower ng xevera mabalacat at bacolor, sa ngalan po ng mga mahihirap na nangarap na magkabahay at lupa, sa ngalan po ng taong bayan, sabihin mo na po ang totoo, aminin mo na po sa taong bayan kung bakit mo po iniipit ang titulo ng mga fully paid buyer/borrower ng xevera.

Ayon sayo “Binay said the rule of law must be upheld at all times.

“‘Without which justice can never prevail nor the stability of the social order preserved,”

Sayo na nang galing yan VP Binay pero bakit kaya ayaw mong sundin ang desisyon ng Court of Appeals order Civil Case No. 10-1120 Kasi po ang totoo susunod ka lang sa batas pag pabor sayo hindi po ba? Inuutusan ka na ng RTC at CA na ibigay ang titulo ng fully paid buyer / borrower pero hindi mo sinunod. Ikaw na ang inirereklamo ng mga home owners hindi ba?

Aminin mo na po kung bakit ayaw mong sundin ang batas, aminin mo na po kung bakit ayaw mong sundin ang utos ng Court of Appeals. Ayon nga sa website ninyo  http://www.ovp.gov.ph/index.php/18-press-release/local-concerns/64-vp-binay-to-delfin-lee-too-bad-i-understand-my-job penersonal mo ang Globe Asiatique, penersonal mo ako, penersonal mo ang mga kababayan nating mahihirap.

Ito pa ang mga sinabi mo The Vice President said their refusal is “a stubborn display of political arrogance.” http://newsinfo.inquirer.net/680311/amid-standoff-in-makati-vp-binay-says-rule-of-law-must-prevail

Parang bumalik lang po sayo ito eh, kayo po ito. Discription nyo po iyan. Mayabang, ayaw sumunod sa korte at sarili lang ang iniisip. Ipapaalala ko po sayo ang desisyon ng CA.

4. Defendants are ordered to automatically off-set the balance of those listed in Annex “B” of the Motion for Summary Judgment against the retention money, escrow money, funding commitment fees, loan take-out which are still in the control and possession of defendant HDMF.

5. Defendants are ordered to accept the replacement-buyers listed in Annex “F” of the Motion for Summary Judgment, which list is unopposed by defendants, without interest or penalty from the time of defendant HDMF’s cancellation of the Collection Servicing Agreement (CSA) resulting to the refusal to accept the same up to the time that these replacement buyers are actually accepted by defendant HDMF.

6. Defendants are ordered to release the corresponding Transfer Certificate of Titles [s] (TCT’s) of those accounts which are fully paid or subjected to automatic off-setting starting from the list in Annex “E” of the Motion for Summary Judgment and thereafter from those listed in Annex “F” thereof and cause the corresponding cancellation of the annotations in the titles thereof.

VP Binay isa lang ang masasabi ko sayo ngayon, “Since when can an opinion and speculation overrule a court order?” ay ikaw din pala nagsabi niyan. Sige ikaw din ang makakasagot niyan kasi ayaw mong sundin ang utos ng Court of Appeals.

Para sa mga kababayan nating bumili ng bahay sa Xevera, aminin mo na po samin kung ano ang plano mo sa lupa ng xevera Bacolor at Mabalacat, nasa 100 hectars  po iyon, lubhang malayo sa hacienda Binay. Pumunta pa po kayo sa xevera at sinabi nyo na tutulungan mo silang makuha ang mga titulo nila. Nagpanggap po kayo na iyon ang gagawin ninyo pero ang totoo iniipit mo ang mga titulo. Nangako po kayo na tutulong kayo na maibibay ang mga titulo ng mga fully paid buyer/borrower kung idedemanda nila ang Globe Asiatique, nangako po kayo sa taong bayan. Pero anu ba ang totoo Mr VP? Marami kayong salita pero iba naman ang ginagawa ninyo…

Harapin mo ako sa SENADO, Simple lang naman po ang mga paguusapan natin:

  1. Nagdesisyon na po ang Court of Appeals na irelease na ang mga titulo ng mga fully/paid buyer/borrower, pero bakit mo pa iniipit?
  2. Kung totoo pong para sa mahirap ka bakit ayaw mong sundin ang batas? Bakit mo pipigilan ang pagrerelease ng mga titulo ng mga fully paid buyer/borrower?
  3. Bakit mo po niloko ang mga taga xevera upang idemanda ang Globe Asiatique kapalit ang mga titulo nila? Ngayon po ikaw ang dinedemanda nila.

Di bale na pong mabulok ako dito sa kulungan , di bale na pong wag nyo ng sundin ang utos ng Court of Appeals na palayain po ako, ang kundisyon ko lang po ay maawa po kayo sa taong bayan, ibigay mo na po ang mga titulong iniipit mo , hindi mo po pwedeng gawing hacienda Binay ito, hindi mo po pwedeng lagyan ng babuyan na may aircon, hindi mo po pwedeng lagyan ng taniman, hindi mo po pwedeng lagyan ng resthouse dahil una sa lahat pagaari na po ito ng mga mahihirap nating mamamayan. Bago pa man po mawalan ng tiwala ang taong bayan sa pagkatao nyo, sa mga sinasabi nyo at sa mga intension ninyo, gawin mo nalang po ang tama, Sabi nga po sa bible “TRUTH WILL SET YOU FREE’’.

http://newsinfo.inquirer.net/680311/amid-standoff-in-makati-vp-binay-says-rule-of-law-must-prevail

http://www.abs-cbnnews.com/nation/metro-manila/03/19/15/binay-files-contempt-raps-vs-morales-de-lima

http://newsinfo.inquirer.net/680106/junjun-binay-includes-ombudsman-morales-de-lima-in-contempt-petition

http://www.tempo.com.ph/2015/03/20/de-lima-morales-roxas-connived-vs-tro-binay/

http://www.rappler.com/nation/87354-junjun-binay-ombudsman-doj-contempt

http://www.balita.net.ph/2012/07/16/kanselasyon-ng-pasaporte-ni-lee/

https://www.youtube.com/watch?v=I5lcLasQ2tg

http://ptvnews.ph/video-news/video/newslife-vp-binay-offers-legal-help-to-xevera-homeowners-vs-delfin-lee-mar-10-14

http://www.philstar.com/headlines/2014/03/10/1299264/binay-urges-delfin-lees-scam-victims-file-complaints

http://www.headlinegl.com/vp-urges-xevera-lot-owners-file-suits-against-delfin-lee/

Sa aking mga kababayan may attachment rito na magpapatunay na hindi talaga matinong kausap si VP Binay. Ito ay isang Letter of Appeal na galling sa legitimate HDMF member-home borrowers ng Xevera Mabalacat at Xevera Bacolor Township. Itong sulat pong ito ay ang paki usap ng mga kababayan nating Pilipino na naghihirap, naghihikahos at nangagarap lang naman na magkabahay na sarili. Ang gumawa po ng sulat na ito ay ang mga taong pinangakuan ni VP Binay na tutulungan ng PAGIBIG. Ito ang mga OFW na hirap na hirap na sa pagtratrabaho para magkabahay ang pamilya. Ito ang mga taong kinausap ni VP Binay upang idemanda ako at ang Globe Asiatique. Ang nakakalungkot po sa lahat , itong mga kababayan nating ito, ang mga taong nagtiwala kay VP Binay at sa PAGIBIG.

Isa nanaman po itong patunay na hindi tapat, hindi totoo at higit sa lahat hindi mapagkakatiwalaan si VP Binay. Kagaya lang po ito ng hamon ni VP Binay sa debate kay Trillanes na sya pa ang hindi dumalo, ang pangakong pagdalo sa senado na wala ring nangyari kasi hindi sya nagpunta, ang hindi nya maipaliwanag na tagong yaman at kung anu anu pa.

Hindi na po ako ang maglalahad at kayo na po ang humusga, Sana po ay mabasa ninyo upang malaman ninyo ang KATOTOHANAN.

October 10, 2014                                                                                                                               

                                                                                                                                                                 

ATTY. DARLENE BERBERABE

President/Chairman

Home Development Mutual Fund (HDMF)

                                                                                                                                                             

ATTENTION: VICE PRESIDENT JEJOMAR C. BINAY

Chairman, HUDCC

 

Cc: HDMF Board of Trustees

Re:         Letter of Appeal from legitimate HDMF member-home borrowers

                Xevera Mabalacat and Xevera Bacolor Township

Dear Atty. Berberabe:

                We the undersigned HDMF member-home borrowers representing more than 1,400 home borrowers and legitimate members of Pag-ibig Fund are seeking for your immediate attention concerning the true and current status of our housing loan in Xevera, Mabalacat and Bacolor Township projects that continues to be hounded with uncertainties and neglect over the past years.

                It has been more than four (4) years since you started the prosecution of the officers of Globe Asiatique Reality Holding Corp. (GA), the developer of both housing communities—and throughout the entire legal and extra-legal processes, we as legitimate member-borrowers and buyers in good faith have intently followed the entire process and legal issues involved in the alleged housing scam.

                Your agency’s approval of our housing loan application and the complete housing units including the ideal housing communities being offered to us by Globe Asiatique are more than enough guarantees that led us to acquire our dream homes in the two housing enclaves.

                Over the past years, the idea of the supposed double-sale of the housing units in Xevera projects, in actuality remains unproven as we have yet to see or experience any actual claimants in all our respective abodes.

                As legitimate members of the people’s fund we are currently burdened by the same agency that we have entrusted to provide us the benefit of owning a house we can call our own

                We are deeply troubled by your continued disregard of the decisions of court of justice, who have all directed you to specifically

  • Accept us as replacement buyers of the delinquent PAG-IBIG buyer/borrowers which you approved in the first place and referred to GA, release the titles of our members who are fully paid, and off-set the unpaid obligations of the delinquent PAG-IBIG buyers/borrowers with the money which GA has in the possession of HDMF (please refer to the attached Annex below).

We would also like to reiterate that we are not ghost buyers. And such allegations has never been proven especially to thousands of affected Fund member borrowers

                Your oft repeated claims that the reason why you are prosecuting the officers of GA is because you are protecting us legitimate member-borrowers—have turned out as a mere propaganda ploy.

                And in contrast, the titles of ownership of a number our fully paid members were quietly transferred in the same of HDMF resulting in the need for them to spend additionally and unnecessarily through a civil case against HDMF in Angeles RTC?

                Whenever we follow up the release of our titles, you’re (HDMF) standard answer is that GA has already sold our units to another sets of buyers and loaned to HDMF, suggesting a double sale.

                We have been living in our townhouses for more than 4 years already and there has not been a single instance where we have experienced what you claim as “another buyer” knocking on our doors to tell us that our property has also been sold to them.

                We are appealing to you good sense of responsibility, fairness and impartiality towards our predicament.

                The current Temporary Restraining Order issued by the Supreme Court against the decision of the Appellate Court’s decision favoring the legitimacy of Globe Asiatique’s legal claims should not in any way affect your decision to honor your agreements with us and the subject development company.

                Your favorable action on this matter will lead to the immediate resolution of our plight and help protect thousands of Pag-Ibig Fund member’s borrowers who will soon suffer the same fate as we are.

Very truly yours,

XEVERA (BACOLOR) HOMEOWNERS, ASSN.INC. (XBHOAI)                         XEVERA MABALACAT HOMEOWNERS, ASSN.INC. (XMHOIA)

                                                                                 

JOSE QUIAMBAO, JR.                                                                     ROLANDO SANTOS

President                                                                                            President

RAMON RECTO                                                                                 DANILO BAYANI

Vice-President                                                                                  Vice-President

MARINO BITUIN                                                                               ANNIE PADRIGA

Secretary                                                                                             Secretary

CONRADO CAGUIAT                                                                       DONNEL DIMARUCUT

Treasurer                                                                                            Treasurer

 HEIDI TUVERA                                                                          MAXIMO GULMAYO, JR.

Auditor                                                                                                 Auditor

 ANNEX:Reference documents               

To quote the self-explanatory and relevant portions of the Summary Judgment dated 30 January 2012 wherein it was found and ruled that HDMF is at fault:

“Based on the foregoing, the defendants’ refusal to honor the provisions of the MOA and FCAs relied upon by plaintiff is unjustified. Verily, defendants are the ones guilty of breach of the provisions of the MOA and FCAs. x x x Simply stated, the alleged spurious buyer-borrowers becomes inconsequential, immaterial and irrelevant as it is the one which approved their PAG-IBIG membership, approved their loan applications, and supposedly post-validated their eligibility for loans. Globe Asiatique, on the other hand, cannot be said to have breached any of the warranties provided in the FCAs because there warranties are now inexistent as per the provisions of the MOA because these warranties are premised on the supposed power of Globe Asiatique to approve the loan applications of the PAG-IBIG FUND buyer-borrowers, a power which has already been removed by the MOA.

WHEREFORE, premises considered, a Summary Judgment is hereby rendered declaring that:

  1. Plaintiffs have proven their case by preponderance of evidence. As such, they are entitled to specific performance and right to damages as prayed for in the Complaint, except that the exact amount of damages will have to be determined during trial proper.
  2. Pursuant to the provisions of their MOA amending the continuing FCAs and CSAs, defendant HDMF is hereby ordered to comply faithfully and religiously with its obligations under the said contracts, including but not limited to the release of loan take-out proceeds of those accounts whose Deed[s] of Assignment with Special Power of Attorney have already been annotated in the corresponding Transfer Certificate of Title covering the houses and lots purchased by the PAG-IBIG member-borrowers from plaintiff GARHC as well as the evaluation of the loans applications of those who underwent or will undergo plaintiff GARCH’s loan counseling and are qualified for PAG-IBIG FUND loans under the MOA and continuing FCAs and process the approval thereof only if qualified, under the Window 1 Facility as provided for in the MOA and continuing FCAs;
  3. The unilateral cancellation by defendant HDMF of the continuing FCAs specifically the latest FCAs of December 15, 2009, January 5 and March 17, 2010 and CSA dated 10 February 2009, is hereby SET ASIDE;
  4. Defendants are ordered to automatically off-set the balance of those listed in Annex “E“ of the Motion for Summary Judgment against the retention money, escrow money, funding commitment fees; loan take-out proceeds and other receivable of defendant HDMF;
  5. Defendants are ordered to accept the replacement-buyers listed in Annex “F” of the Motion for Summary Judgment, which list is unopposed by defendants, without interest or penalty from the time of defendant HDMF’s cancellation of the Collection Servicing Agreement (CSA) resulting to the refusal to accept the same up to the time that these replacement buyers are actually accepted by defendant HDMF;
  6. Defendants are ordered to release the corresponding Transfer Certificate of the  Title[s] (TCTs) of those accounts which are fully paid or subjected to automatic off-setting starting from the list in Annex “E” of the Motion for Summary Judgment and thereafter from those listed in Annex “F” thereof and cause the corresponding cancellation of the annotations in the titles thereof.

By Ding Cervantes

Jan 29, 2015

BACOLOR, Pampanga- At least 300 buyers of housing units  at Xevera subdivisions here  and Mabalacat City  which were  developed by jailed Globe Asiatique  President Delfin Lee have received foreclosure notices from the    Pag- IBIG Fund.

Now, they are urging the Senate to find means to have Lee testify in its hearings to enable him to expose the “truth” behind the Xevera controversy.  This, after Judge Amifaith  Fider-Reyes of the  Regional Trial  Court,  Branch 42 in the City of  San Fernando, Pampanga again junked the request  of the Senate to  allow Lee to  attend its hearing last Jan. 22 on  housing anomalies being linked to Vice Pres.  Jejomar Binay. 

The judge disallowed Lee on grounds of his case being sub-judice. The other day, Lee’s lawyers again filed a motion asking   Fider-Reyes to inhibit her from the syndicated estafa case, for which she had ordered Lee arrested in March, 2014. 

Lee, in an interview at the Pampanga provincial jail, said he has a pending administrative case against the judge filed before the Supreme Court for her alleged bias in favor of Pag-Ibig, the complainant in his case.

Lee’s lawyer Willie  Rivera noted that in  September last year, the Supreme Court en  banc had clarified that Lee could be allowed to attend  Senate hearings as resource person. The notice of this was signed by Supreme Court Clerk of Court Enrique Vidal. 

This was after Fider-Reyes referred the issue to the High Court amid an earlier invitation by the Senate housing committee looking into the Xevera project issue. The committee, however, did not invite Lee anew after the clarification from the Supreme Court. 

Ramon Recto, 57, a half-brother of Sen. Ralph Recto and resident of Xevera in Bacolor, said he was among the buyers who have received foreclosure notices from Pag-IBIG or the Home Development Mutual Fund (HDMF). 

“We initially blamed  Lee for our fate because  he was demonized in media for the syndicated  estafa case that was  lodged against him  by  Pag-IBIG, but scrutiny of his case has convinced  us that Pag-IBIG, and not  Lee, is all to blame,” said  Recto who was among the Xevera homeowners  who filed a complaint  before the RTC in San Fernando against Pag-IBIG on the foreclosure orders.  

Recto said Xevera  homeowners now realize  how Pag-IBIG ignored  existing laws,  including the Maceda Law and the Magna Carta for Homeowners,  and that Lee’s  testimony in the Senate  for purposes of legislation would help push  for new laws or amendments to existing laws  that would prevent another   Xevera controversy from again victimizing  families seeking homes  under Pag-IBIG housing  terms.  

He recalled that when Binay assumed post as chairman of the Housing and Urban Development Coordinating Council (HUDCC), Pag-IBIG unilaterally sundered its contract with Lee’s Globe Asiatique which was initially entitled to collect monthly   amortizations from Xevera homeowners and remitting the funds to Pag-IBIG.  Binay won in the 2010 vice presidential race against Mar Roxas whom Lee openly supported.  

“We later found out that even before Binay came into the picture, the agreement even leaned in favor of Pag- IBIG, because Lee was made to guarantee 95 percent amortization collection rate for a period of five years. Pag- IBIG would then subtract from some P590 million of Lee’s funds with Pag- IBIG should any homeowner fail to pay monthly dues,” Recto said.  

Recto said that with the HUDCC under Binay, Pag-IBIG junked this arrangement meanwhile to accept amortization payments from of homeowners. After several months, Pag-IBIG decided to accept payments, this time already with interest.  

“Many   were not able to comply because of this, and we have started to receive foreclosure orders,” he said.    Recto said that at Xevera in Bacolor alone, some 300 homeowners have received foreclosure orders. “There are hundreds more in Xevera in Mabalacat City who also got foreclosure notices,” he added.  

Lee, in an interview in jail, said he had always wanted to “expose the truth” before the Senate.  “Let me speak for at least 30 minutes then they can ask me any question. I am prepared to answer all in detail,” he said.  

His lawyers filed for the third time yet another motion asking Fider- Reyes to inhibit herself from Lee’s case, as they pointed out alleged ties between the judge and Binay. Fider-Reyes is also a “pairing judge” in Makati City, the motion said.     

http://punto.com.ph/News/Article/22021/Volume-8-N0-52/Headlines/300-Xevera-homeowners-get-Pag-IBIG-foreclosure-orders

 

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