MANILA, Philippines - The Court of Appeals (CA) yesterday approved the filing of syndicated estafa charges against the officials of housing developer Globe Asiatique Realty Holdings Corp. (GA) in connection with alleged anomalous housing projects in Pampanga.
In a 27-page decision, the appellate court granted the petition of the Department of Justice (DOJ) seeking to nullify the writ of preliminary execution issued by Pasig City Judge Rolando Mislang that stopped the filing of charges against GA president Delfin Lee and four others.
The CA held that Judge Mislang abused his discretion in issuing the writ over the supposed existence of a “prejudicial question” stemming from a separate civil suit filed by Lee and GA executives against the Pag-IBIG Fund (Home Development Mutual Fund) before a Makati court.
The ruling was penned by Associate Justice Franchito Diamante.
In reversing the order of Mislang, the CA agreed with the DOJ that no prejudicial question exists with respect to the first DOJ case.
Based on records, the CA said the recommendation by the National Bureau of Investigation for the DOJ to probe Lee and other GA officials for estafa was filed ahead of the civil case lodged by Lee against Pag-IBIG.
The CA noted that when Lee moved for the issuance of a temporary restraining order (TRO) seeking to enjoin the DOJ from filing a case against him, he did not file a petition for suspension of the criminal proceedings on the ground of prejudicial question before the panel of prosecutors in violation of the provisions of the Revised Rules of Court.