The Supreme Court has been prodded to immediately resolve several pending cases assailing the Court of Appeals decisions that dismissed the syndicated estafa case and quashed the arrest order issued by the trial court against Globe Asiatique president Delfin Lee.
In manifestation and motion filed with the high court, Lee said the petitions filed by the Department of Justice and the Home Development Mutual Fund should “be dismissed for utter lack of merit and the assailed decisions and resolutions of the various divisions of the CA be affirmed in toto.”
Lee said he has been detained at the Pampanga provincial jail for almost two years now because of an injunction issued by the SC on one of the petitions despite being cleared by the CA which also nullified his arrest order.
Apart from the dismissal of the petitions filed by the DoJ and HDMF, Lee also asked the SC to “directly order the Provincial Warden of the Pampanga Provincial Jail (PPJ) to cause the immediate release from detention of accused/respondent Delfin S. Lee.”
The syndicated estafa case against Lee was filed by the HDMF on charges that it sustained a P6.6-billion damage through a breach of warranty committed by Globe Asiatique in the 2009 memorandum of agreement and in the funding commitment agreements the realty firm entered into with HDMF.
Lee, through the law offices of Garay Cruz & Associates, said “this alleged breach of warranty allegedly committed by Globe Asiatique was allegedly occasioned by its act of approving the Pag-IBIG housing loan applications of fictitious buyers/borrowers and by engaging in double sale of the townhouses at the Xevera Bacolor and Mabalacat Township Projects, based on the interpretation of the contracts by DoJ that Globe Asiatique is the one approving the Pag-IBIG housing loan applications of the buyers/borrowers and its interpretation that Globe Asiatique is not allowed to replace the delinquent buyers/borrowers.”
