Delfin Lee

Delfin Lee

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Makati RTC ruling ‘weakens’ Pag-IBIG case vs GA, Lee

THEMakatiRegionalTrialCourtBranch58 ruled that the failure of defendantHomeDevelopmentMutual Fund(HDMF), better known as Pag-IBIG Fund, and the individual members of its Board of Trusteesto file a motion for reconsideration of the resolution datedJanuary 30,2012in CivilCaseNo. 10-1120 has rendered its summary judgment final, executory, and immutable as to defendant HDMF. In a 7-page resolution datedDecember 11, 2012, the Makati court also denied for lack of merit the motions for reconsideration individually filed by defendantsEmmaLinda  and Atty.MarieDarleneBerberabe, CEOand president...more »

http://article.wn.com/view/2012/12/20/Makati_RTC_ruling_weakens_PagIBIG_case_vs_GA_Lee/

Globe Asiatique officials cannot be held liable for syndicated estafa

The Court of Appeals (CA) Former Special Tenth Division denied with finality the motion for reconsideration filed by the Department of Justice (DOJ) and the Home Development Mutual Fund (HDMF or the Pag-IBIG Fund) of its October 5, 2012 decision absolving petitioner Cristina Sagun, former head of Globe Asiatique documentation department, of the crime of syndicated estafa together with the other four accused, including Globe Asiatique President Delfin S. Lee and his son, Dexter.

In connection with the decision, the CA ordered the quashing or cancelling of the syndicated estafa case filed against the Globe Asiatique executives by the Department of Justice (DOJ) before a Pampanga court and the recall of the arrest warrant issued against them.

Ordered quashed in the February 11, 2013 CA resolution penned by CA Associate Justice Angelita Gacutan is Criminal Case No. 18480 pending before the Regional Trial Court (RTC) Branch 42 of San Fernando, Pampanga.

Also sought to be recalled is the arrest warrant issued by San Fernando, Pampanga RTC Branch 42 Judge Maria Amifaith Fider-Reyes against Sagun as well as that against Lee, his son Dexter, Globe Asiatique Accounting Department head Cristina Salagan, and Pag-IBIG lawyer Alex Alvarez.

The appeals court, in dismissing the syndicated estafa case, explained: “There is only one Information for Syndicated Estafa filed against all the accused, petitioner included, under Criminal Case No. 18480 pending before public respondent RTC. xxx Following the definition of the law, if only less than five (5) persons are charged of syndicated estafa, the estafa or swindling cannot be committed by a syndicate. To hold otherwise would be to deny such persons of the right to bail thus, violating their constitutional right to due process and liberty.”

“By the same logic, the remaining four accused in Criminal Case No. 18480 cannot be tagged as a syndicate in contemplation of Sec. 1, P.D. 1689. This is so because the lack of probable cause to indict petitioner Sagun for the offense of syndicated estafa and the dismissal of the DOJ Review Resolution dated August 10, 2011 changes the juridical nature of the offense charged against petitioner Sagun and the four other accused,” the appellate court continued.

The resolution said, “In other words, since there would only now be four accused in the Information for Syndicated Estafa in view of our disquisition absolving the petitioner, the said Information would be constitutionally infirm at its core. The same can be said of the warrant of arrest issued against the petitioner. The flawed Information cannot serve as a basis for the issuance of a warrant of arrest without running afoul with the constitutional rights of the accused to due process and protection of individual liberty.

Of course, the foregoing is understood to be without prejudice to the re-filing of the appropriate information/s against the other accused x x x On the strength of the above consideration, therefore, not only must the warrant of arrest be recalled but the Information itself must be quashed since only one Information was filed against all the accused for syndicated estafa.”

In the same Resolution, the appeals court berated Judge Fider-Reyes of RTC Branch 42, San Fernando, Pampanga, who earlier ruled in an order that she is not bound by the decision of the Court of Appeals. “We rule that our determination of lack of probable cause should prevail and that the RTC is bound by it. Concomitant with our assertion of our own power of judicial determination of probable cause which is inherent in our certiorari jurisdiction over DOJ resolutions is our inherent power to give effect to our decision.”

The CA Special 10th Division earlier dismissed the case against Sagun since her duty was simply ministerial. Her duty as per the court’s findings was confined to collating and checking if documents of borrowers were duly accomplished and verifying from HDMF if the borrowers were indeed members or if they had no existing housing loans.

The CA also rejected in the same Resolution the argument of DOJ and HDMF that Globe Asiatique evaluated and approved the PAG-IBIG membership and the housing loan applications of its supposed spurious buyers/borrowers.

The appeals court explained, “We find absurd movant HDMF and the investigating panel’s putting the petitioner to the task of determining whether or not the housing loan applicants were indeed members of HDMF/Pag-ibig Fund, or with updated contributions, or have no existing loans. Should not that be the duty of movant HDMF/Pag-Ibig Fund? Not only has the latter the primary responsibility to determine who is its members and who are qualified to apply for housing loans. It is in a much better position to do so. Petitioner could only verify with HDMF/Pag-ibig Fund, and this is what she apparently did. And HDMF/Pag-ibig did approve the said documents!”

The appellate court’s ruling jived with the earlier final and executory Summary Judgment rendered by the Regional Trial Court of Makati, Branch 58 in Civil Case No. 10-1120  holding HDMF/Pag-ibig Fund  and members of its Board of Trustees, liable for breach of contract and damages to Globe Asiatique.

http://www.remate.ph/2013/02/globe-asiatique-officials-cannot-be-held-liable-for-syndicated-estafa/

Makati court rules in favor of Globe Asiatique

 MANILA, Philippines - The Makati Regional Trial Court Branch 58 ruled that the failure of defendants Home Development Mutual Fund (HDMF), better known as Pag-IBIG Fund, and the individual members of its board of trustees to file a motion for reconsideration of the resolution dated Jan. 30, 2012 in Civil Case No. 10-1120 has rendered its summary judgment final, executory, and immutable as to defendant HDMF.

In a seven-page resolution dated Dec. 11, 2012, the Makati court also denied for lack of merit the motions for reconsideration individually filed by defendants Emma Linda Faria and Marie Darlene Berberabe, CEO and president of the Pag-IBIG Fund, who were likewise sued in their personal capacity for malice and evident bad faith.

In a related case, the Court of Appeals First Division denied on Oct. 12, 2012 the petition for certiorari filed by Berberabe in CA-G.R. SP. No. 123387 entitled “Atty. Marie Darlene Berberabe vs. Hon. Eugene C. Paras, RTC Makati, Globe Asiatique and Delfin Lee.”

Globe Asiatique said these clear findings and final decision of the Makati court together with the decision of the Court of Appeals First Division sustaining the orders of the Makati RTC Branch 58 legally support the earlier decision of the CA 10th Division in C.A. G.R. SP No. 121346 wherein petitioner Christina Sagun, one of Globe Asiatique’s officials, was exonerated of the crime of syndicated estafa.

Globe Asiatique claims the foregoing factually and legally conclusive decisions of the Makati RTC and the CA First Division as well as the decision of the CA 10th Division which ruled that the exoneration of petitioner Sagun has legal implication on the information for syndicated estafa against the other accused -- Delfin Lee, Dexter Lee, Cristina Salagan and HDMF notary public Atty. Alex Alvarez - have rendered practically baseless the finding of probable cause for syndicated estafa against all of them by Judge Amifaith Fider-Reyes of Pampanga RTC Branch 42.

http://www.philstar.com/business/2012/12/26/889958/makati-court-rules-favor-globe-asiatique

PAG-IBIG idinemanda ng Globe Asiatique

November 19, 2010 | Friday | 7:10 am

 DZRH NEWS

Binuweltahan ng housing developer na Globe Asiatique Realty Holdings Corp. ang home development mutual fund o PAG-IBIG.

Ito ay mataposkasuhan ng kumpaniyaang state housing agency dahilumanosapagsuwaysakanilangpinagtibaynakasunduansa housing loan.

Dumulogsa Makati RTC ang Asiatique upangipagharap ng kasongsibilang PAG-IBIG mataposkanselahinangtinutukoyna agreements.

Hiniling ng developer sahukumanna ma-obligaang PAG-IBIG nakilalaninangpinagtibayna commitments, kabilangangpag-re-release ng P6.5-milyong loan take-outs para sabuwan ng HulyohanggangnoongnakalipasnaOktubre.

Nag-demand din ang Asiatique ng P2-milyong danyosmulasa PAG-IBIG, nanagkansela ng transaksyonmataposmatuklasanangmga ghost borrowers para sakanilang housing program sa Pampanga.

 

Walang kasong naiharap vs. Globe Asiatique

 

December 13, 2010 | Monday | 7:23 am

 

DZRH NEWS

Mistulang inabswelto ng isang kumite sa senado ang developer na Globe Asitique mulasa kuwestiyonableng transaksyon sa Pag-Ibig Fund para sakanilang proyektong pabahay sa Pampanga.
Ito ay matapos aminin ni Senador Serge Osmeña, chairman ng Committee on Banks, Financial Institutions and Currencies na walang kasong kriminal na naiharap sa Globe Asiatique kaugnay sa VIP treatment naipinagkaloob ng Pag-Ibig.
Sinabi ni Osmeña na bagamat nabigyan na ng hindi pangkaraniwang paborang Globe Asiatique sa kanilang housing loan, nabigo naman ang mga complainant na ipagharap ng kasong kriminal ang nabanggit na developer.
Niliwanag ng senador na hindi intensyon ng kumite na alamin ang criminal liability sa naging transaksyon ng Globe Asiatique sa Pag-Ibig, kundi ang bumalangkas ng paraan kung paanong makakaiwas sa mga kahalintulad n akahina-hinalang deal ang iba pang housing at lending programs

http://www.yesfm.com.ph/news/walang-kasong-naiharap-vs-globe-asiatique/

Delfin Lee says business started to go bad after Binay took over

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MANILA, Philippines—“I’d surely rot in jail,” detained real estate developer Delfin Lee said in jest at the prospect of Vice President Jejomar Binay winning the presidency in 2016.

 “I’m really not sure what his (Binay’s) beef is with me. I think he was ill-advised to take a position against me and found it too late to back down,” Lee, president of the housing developer Globe Asiatique, told the Inquirer in a recent interview.

He asked to be allowed to air his side after the Senate refused to hear him.

Lee, 58, said his business started to crumble the day Binay took over as chair of the Housing and Urban Development Coordinating Council (HUDCC).

He said Binay’s first act in office was to declare his Xevera projects in Pampanga “ghost towns” made up of “ghost buyers.”

“I was in the process of re-documentation and finding new buyers but Pag-Ibig cancelled my contract; it refused to accept my payments and it barred the release of the titles. My business was ruined,” said Lee.

Lee said he built 11,000 houses—4,500 in Bacolor and 6,500 in Mabalacat—anchored on a town center he created from the ground up, betting his own money.

“They called my business a racket. They called me a con man. But where have you seen a scam where the scam artist invests his own money and leaves a paper trail? Why build houses and a town center in the first place if I intended to sell to ghost buyers as (Pag-Ibig) claimed? Even before Pag-Ibig had come in, I would have thrown in P1 billions of my own into these projects not only for the houses but for amenities and infrastructure. So where is the racket?” said Lee.

On the agency website, Pag-Ibig Fund President Darlene Marie Berberabe said investigation “revealed massive fraud committed by Lee and his group which was corroborated by the results of the independent probes separately conducted by the Department of Justice and the Commission on Audit.”

According to Lee, the Xevera communities were only GA’s third incursion into the low-cost housing business, following the Sta. Barbara Villas subdivision in San Mateo, Rizal (3,800 units) in the 1990s and the GA Twin Towers in mid-2000.

No economic activity

In 2007, Lee checked out a lahar-swept property six kilometers from San Fernando City, Pampanga, on a Saturday. “It was a desolate land with no economic activity. When I first went to the area, I saw just three goats. When I saw it, something clicked in my head and I decided to buy the property,” said Lee, who paid P120 million in cash for the 36-hectare property the following Monday.

In Xevera Bacolor, GA built 4,500 houses—two-story units with a lot area of 36 square meters and floor area of 45 square meters plus front space for parking—that were sold at P830,000 each.

“If I made roughly P150, 000 per house, I would earn roughly P700 million net. With an investment of P1 billion and cost recovery of 1.5 years, it’s not a bad business model,” said Lee.

He said that as much as 20 percent of the project’s cost was funneled into advertising as GA splurged to buy prime time space on ABS-CBN’s top rating shows to reach overseas Filipinos who were tuned in to the Filipino cable channel.

Lee said he brought the same concept to another lahar-covered Pampanga town, Mabalacat. He said he paid P155 million for a 62-hectare property that used to be a quarry.

Xevera Mabalacat was bigger (6,000 houses) and its amenities were twice as grand, Lee said, as he reinvested the profits he had made from his first township project.

The dominoes started to fall for Lee under Binay: GA’s P3-billion initial public offering was scuttled; GA’s 35-story Sky suites on Quezon Avenue and EDSA was stopped in the middle of construction, and so was GA’s planned campus subdivision in Bacolod City.

Lee said Pag-Ibig was essential to GA’s low-cost foray because private banks avoided this segment like the plague. “Our buyers do not have the P225, 000down payment (or 30 percent of loan amount) required by a private bank for a low-cost home. Pag-Ibig gives loans up to the full amount up to P750, 000 with no collateral. This market can afford P5, 400 in monthly loan payments for up to 30 years,” he said.

Buy-back provision

GA obtained loans through Pag-Ibig’s Window 1, wherein the agency agreed to release within seven days the check to a developer, who in turn committed to buy back discontinued accounts within two years from the turnover.

Lee said Pag-Ibig’s buy-back provision could be made through three modes: the developer himself pays for the delinquent account to keep it updated; the developer finds a new buyer to replace the original buyer who backed out; and Pag-Ibig offsets the bad account from the guarantee fund put up by the developer.

Lee said Pag-Ibig exploited the public’s lack of knowledge on these three modes to make him look bad.

Due to the buy-back provision, Lee said a “contract to sell” became the favored mode of exchange wherein the developer would hold on to the title until the buyer had fully paid the loan.

“It was just an engagement, the wedding had not yet been consummated. Pag-Ibig muddled the situation by claiming I sold a unit twice when in fact a buyer had backed out and I had to find another buyer to take over the project to make it current. It’s a replacement sale, not a double sale,” said Lee.

Lee said that in GA’s case, Pag-Ibig deducted 7.5 percent from the P6.7 billion it lent to Xevera buyers. Including a collection service fee, Pag-Ibig had nearly P600 millions of GA’s money as additional buffer.

Of the 9,951 Xevera buyers who borrowed through Pag-Ibig, Lee claimed only 1,440 turned out as bad accounts for a back-out rate of only 14 percent.

“Developers can live with up to 20 percent back-out rate and my market is low-cost,” said Lee, who noted that his P600 million held by Pag-Ibig would cover the bulk of the bad accounts.

Lee also refuted Pag-Ibig’s claim that GA itself took charge of processing the loans which paved the way for the ghost buyers.

Lee said that contrary to Pag-Ibig’s claim, he did not receive any favors from the housing agency, which was then headed by Vice President Noli de Castro.

Delisting the name of Delfin Lee from the PNP List of Wanted Persons, acknowledge but not completed

 

Posted on March 11, 2014 · 12:42 PM

 

Manila–The Philippine National Police maintains that the process of delisting the name of Delfin Lee from the PNP List of Wanted Persons was simply acknowledged but not completed, thus, the suspect remained in the roster of Wanted Persons until the time of his arrest in Manila last March 6, 2014.

As early as January 8, 2014, the Philippine National Police had already informed Lee’s counsel, Atty Emmanuel Pichay, thru a letter that “the PNP is now in the process of de-listing Mr. Delfin Lee from the list of wanted persons following procedures set forth in the PNPI-3 Circular Nr 98-01 dated July 23, 1998.”

The Secretary of the DILG has no role in the actual process of De-Listing persons from the Most Wanted List and the CIDG Warrant of Arrest Information System.

PNPI-3 Circular No. 98-01, as well as the executive practice of the PNP, places the authority to de-list or remove a person from the Most Wanted List principally on the PNP’s Reward and Valuation Committee (RVC).

The SILG’s role is limited in approving the names to be placed on said List, and the corresponding reward, as previously recommended by the RVC.

As such, the matter did not reach the office of the SILG. The request remained at the PNP level for further processing. The DILG never issued any order delisting Delfin Lee.

Chief PNP Police Director General ALAN LM PURISIMA even stated that he and Secretary MAR ROXAS never even talked about Delfin Lee’s case in any of their meetings.

The inclusion of Mr. Delfin Lee in the list of wanted persons by virtue of DILG Memorandum Circular No.2012-182 dated November 9, 2012 remained in effect until the time of his arrest. (PNP-PIO)

 

Dark politics behind jailing of Delfin Lee?

 

 

VENDETTA?: Beleaguered businessman Delfin Lee, chair of Globe Asiatique Realty Holdings Corp., is crying political persecution as he questions his being locked in jail even when charges of syndicated estafa against him had been quashed already.

From his cell at the Pampanga provincial jail, where he is detained for allegedly having swindled a government housing agency and cheated buyers of Globe Asiatique dwellings, Lee now complains of being the target of a political hatchet job.

He has been begging to be heard, wondering aloud why even the Senate inquiry into mass housing chaired by Sen. JV Ejercito suddenly did not want to hear him, the central figure in the alleged P6.6-billion housing scam.

Who is afraid of Delfin Lee?

DARK POLITICS: Before he was shut out of the Senate hearing, Lee had prepared a statement questioning why despite his contributions to closing the 3.9-million-unit backlog in the government’s mass housing program, he has been sued, arrested and jailed.

Opinion ( ArticleMRec ), pagematch: 1, sectionmatch: 1

His lawyer Willie Rivera said Lee is locked up because of “dark politics,” and not on the basis of charges that he bilked the Home Development Mutual Fund (Pag-Ibig) of some P6.6 billion or cheated buyers of units in Xevera, a township developed by Globe Asiatique in Mabalacat City.

As guest at the forum last Friday of the Capampangan in Media Inc. at its Bale Balita (House of News) in the Clark Freeport, Rivera answered questions on Lee’s predicament.

BET ON LOSING HORSE: Rivera did not identify Lee’s supposed tormentor, but this columnist got the impression he might be referring to Vice President JojoBinay, chief of the Housing and Urban Development Coordinating Council which oversees Pag-IBIG.

Rivera did not say it was Binay, but noted that Lee’s problems “began, maybe coincidentally, when the Vice President took over the HUDCC.”

Some Globe Asiatique insiders had traced Lee’s headache to his decision to cast his lot with then Sen. Mar Roxas, who contested the vice presidential post in 2010. They said Lee had turned down another camp’s request for assistance.

SYNDICATED ESTAFA: As fate had it, Binay defeated Roxas for the vice presidency and eventually bagged the top HUDCC post, as well as the chairmanship of Pag-IBIG.

Soon after, Globe Asiatique ceased to be a good client and partner of Pag-IBIG in making available affordable housing units to qualified members of the mutual fund.

Lee, along with his son and other Globe Asiatique executives, was sued for syndicated estafa by Pag-IBIG and some disgruntled Xevera clients before the Regional Trial Court Branch 42, presided over by Judge AmifithFider-Reyes, in San Fernando City.

The suit stemmed from allegations that Lee and his company used spurious (non-Pag-IBIG members) buyers of Xevera housing units to get funding from Pag-IBIG.

NEVER BORROWED: After the suit was filed, media items started popping up portraying Lee as the boss of a syndicate that had swindled Pag-IBIG of P6.6 billion by using fake or ghost buyers of Xevera units.

Lee said the media items were outright lies, pointing out that his company never borrowed from Pag-IBIG, especially the touted P6.6 billion.

(Under the government’s housing loan program, Pag-IBIG members are guaranteed funding, via loans, to acquire dwellings. The loan proceeds go directly to the developers/builders of the housing units that they bought. The borrowers repay their loans on installment either directly to Pag-IBIG or through a designated bank or the developer. But developers do not borrow from Pag-IBIG. It is the buyers of housing units who borrow.)

As for alleged “double sale” of units, Rivera said some earlier buyers lost their dwellings after defaulting on their amortizations and whose contracts to sell – not titles – had been cancelled for non-payment. Only around 30 out of 10,000 buyers actually complained, he said.

PAG-IBIG SUED: As syndicated estafa is a non-bailable offense, the Pampanga RTC-42 ordered the arrest of Lee and his co-accused. They went on the run, but Lee was eventually caught.

The accused then filed a counter-suit before Regional Trial Court Branch 58 of Makati City against the HDMF, its board of trustees and former Pag-IBIG officer-in-charge Emma Linda Faria.

They accused Pag-IBIG of breach of contracts, referring to its inter-related arrangements — Funding Commitment Agreements (FCAs) and Collection Servicing Agreements (CSAs) — with Globe Asiatique.

The Makati RTC upheld Lee and Globe Asiatique’s contentions against Pag-IBIG in a summary judgment dated Jan. 20, 2012, that effectively quashed the syndicated estafa case.

CA QUASHES ESTAFA CASE: In that judgment, the court declared Pag-IBIG guilty of breach of contract for refusing to honor its FCAs and the CSAs with Globe Asiatique.

It also said Pag-IBIG engaged in impunity by alleging that Globe Asiatique’s buyers of housing units are fictitious just to evade its liability that stemmed from violating the provisions of its contracts with Lee’s realty firm.

Pag-IBIG appealed this decision before the Court of Appeals, but the CA sustained the Makati RTC and quashed the syndicated estafa case, along with the standing arrest warrants, before the Pampanga RTC-42.

Still, Lee was arrested last March 6, and jailed on the strength of the arrest warrant that the CA had already lifted when it quashed the syndicated estafa case against Lee. But the Pampanga RTC-42 continues to ignore the CA rulings favoring Lee.

POLITICAL DETAINEE: In a statement, Lee said that he is now “in jail because of a temporary restraining order issued by the Supreme Court” against the CA-ordered lifting of the arrest warrant.

He said: “This would only indicate that politics was involved… it is a very dangerous proposition… because I am a legitimate businessman, yet I am incarcerated for political reasons. In short, I am practically a political detainee….

“The evidence that I am being persecuted by a political figure is not only strong, it is overwhelming.”

 

Estafa Case against Delfin Lee Dismissed

 

 

KrissnaIsabele Cruz - Nov 19, 2013

 

The Court of Appeals released a decision dismissing the syndicated estafa case filed against developer Delfin Lee and officials of Globe Asiatique, lifting the warrant of arrest issued by a court in Pampanga.   Associate Justice Franchito Diamante in a 29-page decision dismissed the case against Lee saying that estafa to be committed by a syndicate, must be committed by five or more persons. “Consequently, the warrant of arrest issued against petitioner (Lee) is hereby quashed, recalled and lifted”, said the decision.   Pampanga Regional Trial Court originally ordered the arrest of Delfin Lee and Dexter Lee and other co-accused upon finding sufficient evidence to try them for syndicated estafa.  

Finding no probably cause, the Court of Appeals recently dismissed the file against former GA documentation department head Christina Sagun and other co-accused in the syndicated estafa case filed by the Department of Justice.

Vice President Jejomar Binay on the other hand, instructed Pag-Ibig Fund Chief Executive Officer Darlene Marie Beberabe to confer with the DOJ and the Office of the Solicitor General to immediately file and appeal before the Supreme Court.

The vice president says that the case against Lee is still strong, adding that they will pursue to fight justice for the victims of the alleged scheme of Globe Asiatique.  “We will exhaust all legal remedies to ensure that the homeowners who were defrauded by Globe Asiatique and victimized by Mr. Lee will be given justice,” said Binay.

Binay is currently the chair of the Housing and Urban Development Coordinating Council (HUDCC) and chair of the Pag-Ibig Fund Board of Trustees.   He previously ordered the filing of syndicated estafa case against Lee and a few others after an investigation revealed that Lee used fake documents and ghost borrowers to loan some P7 billion from the housing agency.

Binay is still hopeful that the Supreme Court will issue a temporary restraining order (TRO) once the case is brought on appeal

 

http://www.clarkisit.com/estafa-case-delfin-lee-dismissed/

Globe Asiatique sues gov’t for land titles take over

Leonard Postrado Manila Bulletin – Mon, Aug 11, 2014

Real estate developer Globe Asiatique Inc. (GA) has sued the government’s take over of land titles covering P17 million worth of property in GA’s Xevera Mabalacat project in Brgy. Tabun, Mabalacat Pampanga.

Lawyer Rony Garay, counsel of GA and its detained owner, Delfin Lee, said they filed a 29-page omnibus motion to recall before the Angeles City Regional Trial Court (RTC) as a result of the alleged illegal cancellation by the Home Development Mutual Fund (HDMF) also known as Pag-ibig of the titles of 30 house and lot units.

In its petition, GA asked the court to direct the quieting of title and removal of clouds from the titles of Globe Asiatique which were illegally cancelled by defendants HDMF and RD (Register of Deeds) and asked the court to compel Pag-ibig to pay P500,000 in damages, litigation costs and attorney’s fees.

“In the absence of any demand, orally or in writing, or a notice to buy back the foregoing accounts, and without herein plaintiff (Globe Asiatique) being declared in default … defendant HDMF used  provisions of  Deeds of Assignments with Special Power of Attorney, in particular… to transfer the following titles in its name (Pag-ibig).” the firm complained.

Globe Asiatique claimed that Pag-ibig had taken over the property from borrower-buyers  whose housing loan applications were approved by Pag-ibig itself under the prevailing guidelines of the Pag-IBG Housing Loan Program.

It added that the terms of the Deed of Assignment,Contract to Sell and Special Power of Attorney (DA of CTS with SPA)  had been drafted unilaterally by Pag-ibig.

“The provision of the DA of CTS w/ SPA vis-à-vis the illegal transfer of the foregoing titles made by defendant HDMF in its name which was allowed by defendant Register of Deeds , is clearly violative of the Civil Code hence,null and void.”

Under the said civil code provisions on pactum commisorium, Globe Asia underscored that a “creditor cannot appropriate the things given by way of pledge or mortgage, or dispose of them (and that) any stipulation to the contrary is null and void.”

The developer asked the court to hand down an order “directing defendant HDMF to release the titles to the said properties with a value of Php 17,274,880.00 to be issued in the name of plaintiff Globe Asiatique upon cancellation of the former’s illegally transferred titles, to the above-named unwilling co-plaintiffs upon compliance by the unwilling co-plaintiffs with the proper payment of taxes, transfer fees, and other obligations under their respective contracts with defendant HDMF and plaintiff Globe Asiatique.”

They also asked the court to demand that HDMF pay attorney’s fees of Php200,000.00, exemplary damage of Php150,000.00, litigation expenses of Php150,000.00 and cost of suit.

 

 

 

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