Written by
Benjamin B. Pulta [ tribune.net.ph ]
Wednesday, 03 October 2012 00:00
Criminal
charges filed against developer Delfin Lee can now proceed following a decision
by the Supreme Court (SC) turning down his petition questioning the proceedings
against him by the Department of Justice (DoJ).
In
a resolution, the tribunal denied Lee’s
petition “for failure to show any reversible error in the challenged decision”
and threw out Lee’s petition which sought a reversal of the Court of Appeals (CA) ruling against Lee
which cleared prosecutors to go ahead with their prosecution of Lee and several
others for their part in anomalies involving P6 billion in loans given to the
buyers of Globe Asiatique by the Home Development Mutual Fund (Pag-IBIG).
The
DoJ found probable cause to charge Lee, Dexter Lee, Christina Sagun, Cristina
Salagan and lawyer Alex for making use
of fictitious and “ghost” buyers in obtaining the Pag-IBIG loans for GA’s
Xevera Housing project in Mabalacat, Pampanga.
In
its 21-page decision, the appellate court ruled that Pasig City Regional Trial
Court (RTC) Branch 167 Judge Rolando Mislang committed grave abuse of
discretion in preventing the DoJ from filing the case with his issuance of a
writ of preliminary injunction in favor of Lee.
Mislang
also issued an order to prevent the DoJ from proceeding with the preliminary investigation
of a separate similar case against Lee pending the resolution of a civil case
he filed against HDMF before Makati City Branch 58.
Mislang
ruled the estafa and civil cases are similar and intimately related, posing a
prejudicial question.
The
CA, however, gave weight to the DoJ’s position that the criminal action was
taken prior to the civil action.
“A
prejudicial question is understood in law as that which must precede the
criminal action and which requires a decision before a final judgment can be
rendered in the criminal action with which said question is closely connected.
The civil action must be instituted prior to the institution of the criminal
action,” the CA ruled.
In
its ruling, the high court also pointed out a technicality issue in Lee’s
petition seeking a reversal of the CA ruling with its failure to comply with
the requirements under Section 4, Rule 45 of the Rules of Court by failing to
file the required number of plain copies of the petition.
Justice
Secretary Leila de Lima welcomed the ruling. “This is another significant
development in the quest for justice — to have the fugitive Delfin Lee answer
for his actions. The Judiciary had consistently confirmed the findings of the
DoJ on this particular case given the clear facts and the culpability of the
respondent Lee,” she said.
“Having
run out of legal options or remedies, Delfin Lee should now face the music and
come out from hiding. He should not further strain the government’s resources
by his continued evasion of a duly issued warrant of arrest,” she added.
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