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Binay says agencies still chasing housing scam case

[ ] January 23, 2012

VICE President Jejomar C. Binay said the Home Development Mutual Fund or Pag-IBIG and the National Bureau of Investigation will continue to assist double sale victims of the Xevera Project in Mabalacat as well as victims of other projects involving Globe Asiatique and Delfin Lee.

This, despite the fact that Pasig Regional Trial Court Judge Rolando Mislang already issued a “preliminary injunction” on the ground of prejudicial question preventing the Department of Justice from filing the Information against Lee in court for syndicated estafa.

The NBI and Pag-IBIG have so far assisted 28 individual complainants by helping them file the appropriate criminal complaints before the DoJ against Lee and his cohorts at GA.

Binay said Pag-IBIG had already filed an omnibus motion in the Pasig court to intervene in the case, inhibit Mislang and assail the preliminary injunction.

The motion said the Pasig court does not have jurisdiction to hear the case pursuant to the Rules of Court, and Mislang was biased in favor of Lee.

“The motion was submitted for resolution on November 9 last year. However, up to this date Judge Mislang has not yet resolved the motion,” Binay said.

“This prompted Pag-IBIG to file an urgent motion to resolve the pending issues, but to no avail. In addition to the legal moves in RTC Pasig, Pag-Ibig also filed an Administrative Complaint against Judge Mislang before the Supreme Court for rendering the unlawful and unjust order,” he added.

For its part, the DoJ assailed the orders of Mislang before the Court of Appeals by way of the Special Civil Action of Certiorari under Rule 65 of the Rules of Court.

The DoJ petition is still pending before the appellate court.

Last year, Pag-IBIG filed a case against Lee for using a “modified ponzi” scheme that defrauded the government of about P6.65 billion. GA allegedly used fictitious buyers to get loans from Pag-IBIG for its Xevera housing project in Pampanga.

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