Delfin Lee

Delfin Lee

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Court absolves Delfin Lee, lifts arrest warrant vs Globe Asiatique president

The online news portal of TV5

(UPDATED - 6:15 p.m.)MANILA, Philippines – The Court of Appeals has absolved Delfin Lee and ordered authorities to stop the arrest of the Globe Asiatique president, who was earlier accused of committing syndicated estafa along with the firm’s other officers over P7 billion in alleged anomalous housing loans granted to “ghost” borrowers.

In dismissing the case, the CA’s Special 15th division said that “for estafa to have been committed by a syndicate, the act must be committed by five or more persons.”

“A considered scrutiny of the assailed resolution by public respondent which found probable cause to issue a warrant of arrest against petitioner Lee and his co-accused shows that there was no mention that the acts constituting estafa were done by five or more persons,” it said.

The ruling annulled the earlier decision of Amifaith Fider-Reyes, presiding judge of the San Fernando, Pampanga Regional Trial Court-Branch 42.

Reyes ordered the arrest of Lee and his co-accused after finding sufficient evidence to try them for syndicated estafa, a non-bailable offense.

Reyes’ decision was issued “with grave abuse of discretion," the CA’s 15th division said in its 29-page resolution on November 7, 2013, which was penned by Associate Justice Franchito Diamante. CA Associate Justices Agnes Reyes-Carpio and Melchor Sadang concurred with the decision.

The CA said Reyes only said estafa “could only have been accomplished by and through the sustained supervision and action in concert of a group of persons for the attainment of the same criminal objective.”

“Consequently, the warrant of arrest issued against petitioner (Lee) is hereby quashed, recalled and lifted,” the appellate court said.

Vice President Jejomar Binay instructed the Home Development Mutual Fund (HDMF or Pag-IBIG Fund) to ask the CA to reconsider its decision that not only dismissed the estafa case but lifted the arrest warrant issued by a Pampanga court against Delfin Lee and other officials of Globe Asiatique, a real-estate developer. 

"This is a most unfortunate decision. But we are confident that we have a strong case against Mr. Lee," Binay said. "We will pursue our fight for justice for the ordinary Filipino workers. 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." 

Binay earlier ordered the filing of syndicated estafa charges against Lee and several others after an investigation revealed that Lee had used fake documents and ghost borrowers to draw some P7 billion in loans from the housing agency. 

Binay said he is hopeful that the Supreme Court will issue a temporary restraining order once the case is brought on appeal. 

The CA previously dismissed the case filed against Cristina Sagun, former head of GA’s documentation department and Lee’s co-accused in the syndicated estafa case filed by the DOJ, finding no probable cause. 

Meanwhile, Department of Justice (DOJ) Secretary Leila de Lima on Monday said the arrest warrant on Lee still stands as the CA’s “resolution has not attained finality yet.”

The DOJ chief said her office would appeal the CA’s decision.

 

 

 

Enrile dares Pag-ibig to file falsification cases against Globe Asiatique

MANILA–  Posted by  on Oct 7th, 2010

 (The Philippine Star)

 

Senate President Juan Ponce Enrile challenged on Thursday the Pag-IBIG Fund to file falsification charges against Globe Asiatique Realty Holdings Corp. for allegedly making accounts of hundreds of questionable buyers just to get some P7 billion loan.

”Pag-IBIG should file falsification case against this guy,” Enrile said, referring to Globe Asiatique (GA) chairman and President Delfin Lee who attended the Senate inquiry into the alleged irregularities in the housing loan transactions between Pag-IBIG and GA.

JPE CONGRATULATES NEWLY APPOINTED AFP CHIEF-OF-STAFF: Senate President Juan Ponce Enrile congratulates Armed Forces Chief-of-Staff Ricardo David Jr., who was confirmed by the Commission on Appointments (CA) to the rank of Lieutenant General, during the CA hearing at the Senate.


”I challenge you to file falsification case against him so that he can be examine in the court and we will punish him,” the furious Senate dared the Pag-IBIG officials.

Enrile said he suspects that GA colluded with some Pag-IBIG officials that led to the release of the P6.68 billion loan for the construction of the Globe Asiatique’s Xevera project in Pampanga.

Lee denied the suspicion of Enrile, saying GA has not received any special accommodation from the Home Development Mutual Fund or Pag-IBIG.

”In fairness to Pag-IBIG, they are not like that,” said Lee, adding that Pag-IBIG knew very well his background because “I’m a developer of Pag-IBIG for 16 years now.”

The GA official clarified that he did not falsify any document because it was not his company that applied for P7 billion loan but the buyers of the Xevera housing project.

”What did I falsify? I’m not the one who applied for loan. My buyers are the one who applied for loans. I’m just a guarantor so, I’m the victim here because the moment they will not pay, I have to pay it,” Lee explained.

However, Pag-IBIG officer-in-charge Emma Linda Faria told the Senate committee on banks, financial institutions and currencies that GA paid for the monthly amortizations of buyer whom it had admitted were questionable even after an agency audit found these buyers to be non-existent.

”Pag-IBIG did not receive a single payment from these supposed buyers since their loans were approved,” Faria said.

Faria said Pag-IBIG entered into an agreement with GA in 2008 in response to the need to provide housing for self-employed workers, househelps and overseas Filipino workers (OFWs). These workers were later categorized as other working groups (OWGs).

Former Pag-IBIG Fund chairman and former Vice President Noli de Castro said the Pag-IBIG entered into an agreement with Globe Asiatique on a pilot basis due to different approach of the developer to build low-cost housing project.

”We were really impressed with the project because it has almost complete amenities including church, school and public market,” De Castro said.

Faria said the Fund discovered multiple deficiencies in documentation in Xevera housing loan accounts that include over 400 accounts from borrowers denied by Pag-IBIG and another 1,000 borrowers who could not be located.

Since the discovery of questionable borrowers, Pag-IBIG has issued 2,108 notices of buyback to GA with a value of P1.45 billion.

Lee said during the hearing that he cannot buy back all the houses built under Xevera project but later assured to the media that the P7 billion loan is protected “because the collateral value is worth more than that.”

Since Lee started transacting with Pag-IBIG, Faria said the Fund has already released a total P12.582 worth loans for GA, including P2.8 billion representing various projects.

Lee insisted that the 1,600 buyers of Xevera project were not spurious.

Pag-IBIG Fund’s on-leave Chief Executive Officer Jaime Fabiana said Globe Asiatique-like cases have also been discovered in Tacloban involving P59 million loan and in Zamboanga amounting to almost P40 million.

Fabiana, however, assured that Pag-IBIG is religiously addressing the problems, assuring the Pag-IBIG Fund members that their money is secured despite negative reports brought by the GA controversy.

For his part, former Vice President De Castro remains hopeful that the spirit of partnership between Pag-IBIG and private sector will continue as an approach to housing delivery.

”With our meager resources, only through a working and vibrant government-private sector partnership can we even hope to make significant headway in eradicating the housing backlog that has plague our country for decades.

 

 

 

Xevera residents to file civil case vs. Pag-IBIG Fund

Rouchelle R. Dinglasan/JDS, GMA News April 6, 2014 9:33pm

 A month after authorities arrested Delfin Lee, founder of developer Globe Asiatique, residents of Xevera Village in Bacolor, Pampanga are set to file a civil case against Pag-IBIG Fund on Monday after some tenants received notices of foreclosure.


"We are filing a case against Pag-IBIG. It is civil in nature. Civil case po ito. Sasabihin po namin sa kanila [na] hindi kayo sumunod dito sa usapan at saka meron pa kaming mga karapatan ," Ramon Recto, vice president of Xevera Homeowners' Association, said in a report on GMA's "24 Oras" aired Sunday evening.

Pag-IBIG issued the notices after some of its members in Xevera missed their monthly loan payments. 

Although the residents confirmed that they have yet to pay their monthly bills, they said they stopped paying after Delfin Lee evaded arrest in 2012.

Lee's GlobeAsiatique was the developer of the subdivision.

Likewise, the Xevera residents lamented that the subdivision has not been maintained very well after the P6.6-billion syndicated estafa case was lodged against Lee. 

Globe Asiatique allegedly collected P6.6 billion in housing loans for the buyers of its housing projects in Pampanga.

However, the borrowers turned out to be fake members of Pag-IBIG, could not be located, had denied applying for the loans, or had incomplete documents for the transactions. 

Lee has denied committing any anomaly. 

GMA News tried to reach Pag-IBIG Fund and Globe Asiatique but they could not be contacted as of posting. 

http://www.gmanetwork.com/news/story/355743/economy/companies/xevera-residents-to-file-civil-case-vs-pag-ibig-fund

No such thing as P6.6B Pag-ibig scam, says detained businessman Lee

Tetch Torres-Tupas| I 11:02 am Friday I June 6th 2014INQUIRER.net

MANILA, Philippines – Detained real estate businessman Delfin Lee said there was no such thing as a P6.6 billion housing fund scam.

Lee, through his counsel Willie Rivera said had the Supreme Court allowed them to argue their case orally, they would be able to prove their point.

“Only through oral arguments before the Supreme Court can the public be truly enlightened, more so now in light of the Senate committee on housing’s recent decision to indefinitely postpone its hearings inquiring into the Pag-IBIG controversy,” Lee said.

“Had the SC allowed us to orally argue these points and gave us the chance to be publicly heard, we’ll let the public learn the truth and put an end to Pag-IBIG’s un-ending efforts to mis-inform and mislead everyone,” he added.

“There is no such thing as the fabled P 6.6-billion damage sustained by Pag-IBIG…Pag-IBIG has never claimed such amount from us. There are no ghosts or fictitious buyers, but only defaulting buyers whose borrowings were approved and processed by Pag-IBIG itself,” he said after the high court denied his request for lack of merit.

“We accept the decision of the High Court in not granting us the chance for oral argument–even as we see this as a drawback in our bid to  show the magistrates and the Filipino people as well– that contrary to Pag-Ibig Funds claims, we have not defrauded the government any single centavo,” Lee said.

The embattled property developer said they would continue to seek appropriate legal recourse “as we move on and continue our pursuit for justice and fairness.  ”

 

 

 

Delfin Lee files case on gov’t takeover of housing project titles

 

By Tetch Torres-Tupas  8:10 pm Monday Aug 11th, 2014
INQUIRER.net

Real estate developer Delfin Lee. INQUIRER FILE PHOTO

MANILA, Philippines—Detained real estate developer Delfin Lee filed before a Pampanga Regional Trial Court a case against the government’s takeover of titles covering P17 million worth of property in Globe Asiatique’s Xevera Mabalacat project in Barangay Tabun, Mabalacat, Pampanga.

In his petition, Lee asked the court for the “quieting of title and removal of clouds from the titles of Globe Asiatique which were illegally cancelled by defendants HDMF (Home Development Mutual Fund) 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.

Lee said Pag-IBIG has taken over the property from borrower-buyers whose housing loan application were approved by Pag-IBIG itself under the prevailing guidelines of the Pag-IBIG Housing Loan Programs.

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.”

The Civil Code prohibits a creditor, in this case Pag-IBIG, from acquiring ownership of the property pledged or mortgaged upon default of the borrower, Lee explained.

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 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.”

He also asked the court to demand that HDMF pay attorney’s fees of Php200,000, exemplary damage of Php150,000, litigation expenses of Php150,000 and cost of suit.

http://newsinfo.inquirer.net/628187/delfin-lee-files-case-on-govt-takeover-of-housing-project-titles

 

Globe Asiatique president Lee wins a round in court

 

Philippine Daily Inquirer Christine O. Avendaño 5:08 am Monday Oct 14th 2013

 

 

MANILA, Philippines—The Home Development Mutual Fund, known as Pag-Ibig Fund, has failed to stop a Makati Regional Trial Court from ordering it to honor its obligations to property developer Globe Asiatique in connection with a mass housing project in Pampanga.

Voting 3-2 on Oct. 7, the Court of Appeals’ Special Division dismissed the petition for certiorari filed by Pag-Ibig against two resolutions of Makati RTC Branch 58 directing the agency to honor its obligations to two Xevera housing projects.

The housing projects in Bacolor and Mabalacat towns in Pampanga became controversial following reports that Globe Asiatique under its president, Delfin Lee, had taken out up to P6.6 billion in Pag-Ibig loans for 9,000 units but the listed borrowers had denied having availed themselves of the loans.

 

Pag-Ibig filed the petition for certiorari against the decisions of Makati Judge Eugene Paras dated Jan. 30, 2012, and Dec. 11, 2012, on the grounds that he committed grave abuse of discretion when he ruled in favor of Globe Asiatique.

 

 

http://newsinfo.inquirer.net/506251/globe-asiatique-president-lee-wins-a-round-in-court

 

What happens if the RTC of San Fernando, Pampanga would still conduct hearings and issue orders in Criminal case No. 18480 against Delfin Lee?

All hearings, proceedings, orders of the RTC of San Fernando, Pampanga are VOID or WITHOUT ANY EFFECT.

Does it mean that the Commitment Order issued by the RTC Judge against Delfin Lee is void?

YES!

Does it mean that the scheduled arraignment of delfin Lee on March 10 is also VOID?

YES!

Why?

Because the Decision of the Court of Appeals is very explicit that Judge Reyes committed grave abuse of discretion amounting to lack or excess of jurisdiction. In short, Judge Reyes has no more jurisdiction over Delfin Lee in Criminal Case No. 18480, hence, Judge Reyes has no more power to issue any order or conduct any hearings in Criminal Case No. 18480 insofar Delfin Lee is concerned.

The PNP, HDMF, DOJ, and VP say that the Decision of the Court of Appeals is not yet final and executory because said decision is still being appealed to the Supreme Court? Is that correct?

The statement of the PNP, HDMF, DOJ, and VP is misleading. The Decision of the Court of Appeals consists of two parts:

The first part of the Decision of the Court of Appeals is the finding that Judge Amifaith Reyes committed grave abuse of discretion amounting to lack or excess of jurisdiction in declaring the existence of probable cause for syndicated estafa against Delfin Lee .

This is the part of the Decision of the Court of Appeals that the PNP, HDMF, DOJ and VP are referring as not yet executory because it is still appealable to the Supreme Court.

The second part of the Decision of the Court of Appeals which is the quashal, recall, and lifting of the warrant of arrest against Delfin Lee and the injunction against the PNP and NBI not to anymore implement the warrant of arrest and for Judge Reyes to CEASE and DESIST from proceeding against Delfin Lee in Criminal Case No. 18480, is that part of the Decision that is IMMEDIATELY EXECUTORY.

These parts of the decision of the Court of Appeals are immediately executory because these are interlocutory orders which should be implemented immediately to maintain the status quo.

This is under Sec. 4, Rule 39 of the Rules of Court which states that even if there is appeal or motion for reconsideration of the Decision on injunction, the injunction will still be immediately implemented.


What are the injunction that the Court of Appeals issued?

The injunction against the PNP and NBI who are IMMEDIATELY ORDERED not to implement the warrant of arrest against Delfin Lee; and

The injunction against Judge Reyes of the RTC-Branch 42 of San Fernando, Pampanga not to anymore proceed against Delfin Lee in Criminal Case No. 18480, meaning, not to anymore issue any order or conduct any hearings in Criminal Case No. 18480 that involves Delfin Lee.

 

Globe Asiatique Realty Holdings Corporation

Mission and Vision

 

  • To The Company

                We shall continue the best in what we do and being known for what we have done. We shall pledge to live up to the high expectations and standards expected of a world-class real estate company. We shall conduct business with ethical standards and moral integrality and by knowing this, extend our services even after we have developed a community. We shall continue in developing projects fit to last wherein a better lifestyle shall be prominent. We shall be innovate in everything we do and open to new ideas along the way.

 

  • To Our Clients:

                We aspire to ensure your satisfaction through high-quality service and, effective and efficient after sales service. We shall continuously and significant value to your property through in depth planning and strategic land uses to further the development of a full-grown community you can be proud of. We shall place outmost importance on the security of your homes and your love ones.  We shall ensure you that every square meter of your homes shall be of timeless value that you can surely pass on to your loved ones.

 

  • To Our Staff:

                GLOBE ASIATIQUE REALTY HOLDINGS CORPORATION and FILMAL RELATY CORPORATION endeavors to be a place where you can establish careers and maximize your potential. Growth is an aspect constant in our company. The company’s blueprint for growth relies on the growth of each individual working for the company. We shall inspire you to be the best in what you, recognize all your accomplishments, and reward it substantially. We shall create a healthy environment for you to realize your full potentials and untapped talents. The company’s success shall be your success.

Delfin Lee is still languishing in Pampanga provincial jail even if the warrant of arrest against him has already been recalled, quashed and lifted and the Information for syndicated estafa in Criminal Case No. 18480 has already been quashed because the DOJ Review Resolution was declared void for lack of probable cause by the Court of Appeals.

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