Republic of the Philippines

NATIONAL POLICE COMMISSION

NATIONAL HEADQUARTERS PHILIPPINE NATIONAL POLICE OFFICE OF THE CHIEF, PNP

Camp Crame Quezon City

ATTY. MANUEL R. PICHAY

Rivera, Pedrico and Rivera-Tamayo Law Offices

1097 Apt. 9, Sugay Building

Mc Arthur Highway, Balibago                                                                                                    

Angeles City

Dear Atty. Pichay:

           This pertains to your letter dated December 2, 2013 addressed to the undersigned, requesting for certification of de-listing of your client, Mr. Delfin S. Lee from the list of wanted persons in view of the Court of Appeals’ Decision dated November 7, 2013 immediately enjoining the PNP from implementing the quashed warrant of arrest against him.

             Please be informed that the PNP is now in the process of de-listing Mr. Delfin S. Lee from the list of wanted persons following procedures as set forth in the PNPI-3 Circular Number 98-01 dated july 23, 1998. The secretary of the interior and Local Government is the final authority in the approval of the said de-listing. As a background, the inclusion of Mr. Delfin S. Lee in the list of wanted persons was by virtue of Memorandum Circular No. 2013-182 dated November 9, 2012 issued by the DILG.

             Further, be assured that the PNP fully recognizes and acknowledges the Decision of the Court of Appeals promulgating that al government agencies tasked in the enforcement of the warrant of arrest against your client are enjoined from implementing the same.

                                                                                                                                                                                                                                                                                                                                 Very truly yours,

                                                                                                ALAN LA MADRID PURISIMA

                                                                                                Police Director General

                                                                                               Chief, PNP

                                                                                                                                                

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The Court of Appeals Manila special 15th division has issued a recall for the warranty of arrest issued against Delfin Lee of Globe Asiatique and his co-accused. The said warrant of arrest, which is now null and void,  was issued at the Regional Trial court of Pampanga Branch 42 by presiding judge Ma. Amifaith S. Fider-Reyes dated May 22, 2012 in Criminal Case No. 18480. In a 29 page decision ordered by Associate Justice Franchito N. Diamante, the court rules that the warrant of arrest issued against Delfin Lee is quashed, recalled and lifted. Judge Amifaith Reyes is directed to cease and desist from further proceeding with criminal case no 18480 insofar as Delfin Lee of Globe Asiatique is concerned. 

The exact order or ruling of the court is as follows: 

As clearly stated, Delfin Lee of Globe Asiatique is a free man. It is also clear that the court of appeals supersedes any ruling ordered by the regional trial court of Pampanga or any regional trial court nationwide for that matter, since it is the second highest judicial court, right after the Supreme Court.

Additionally, the court of appeals has ordered or instructed all government agencies to implement the said decision. Such government agencies are not limited to the Philippine National police and the national bureau of investigation. Globe Asiatique has original copies of the signed certifications issued by the enforcing agencies that they will respect and follow the courts’ decision.

All of these begs the question why is Delfin Lee in prison? Is Delfin Lee a victim ? is he being held illegally?

We do believe that the facts presented above is not only compelling but is screaming for attention.

We end this blog with a plea to all law students, professors, lawyers, people in the legal profession and legal theorist and of course the people of the Philippines, please search and know the truth about the Globe Asiatique - PAGIBIG controversy. 

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Delfin Lee of Globe Asiatique wins against Pag-ibig. Alleged fake loans and fictitious buyer-borrowers is not TRUE according to Makati RTC Branch 58

The alleged fake loans and fictitious buyer-borrowers of Globeasiatique owned by Delfin Lee is not TRUE according to Makati RTC Branch 58. This was based on its decision or resolution dated Jan 30, 2013 under civil case no. 10-1120 Regional Trial Court of Makati Branch 58, Globe Asiatique Realty Holdings Corporation vs HDMF (HDMF) Home Development Mutual fund. 

According to the Makati RTC Branch 58 alleged spurious and fictitious buyer-borrowers are inconsequential, immaterial and irrelevant since it is PAGIBIG who approved their respective PAG-IBIG membership, approved their loan applications, and supposedly post validated their eligibility for loans. 

To be transparent the exact words is below and can be downloaded at the Makati RTC website

 

 " alleged spurious and fictitious buyer-borrowers become 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."

In addition the court has strongly resolved that the function, process or duty of loan application approval was not given to Globe Asiatique. This can be found on the MOA or Memorandum of Agreement duly signed by both parties.

"Globe Asiatique, on the other hand, cannot be said to have breached any of the warranties provided in the FCAs because these 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. "

We believe that this decision, among others, is another hindrance of PAGIBIG.  This is another proof that Delfin Lee and Globe Asiatique has never defrauded anyone. Based on evidence, any Filipino will agree that Delfin Lee of Globe Asiatique is merely performing its duties and obligations as stated on its contract. A legal contract that is notarized and has been made a public document as an effect of doing so.

We encourage you to please help us in seeking the truth about the Globe Asiatique - PAGIBIG controversy.

 

 

          

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