(The Philippine Star) | Updated December 26,
2012 - 12:00am
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.
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