MANILA, Philippines - The Court of Appeals (CA) has recalled the arrest warrant for Globe Asiatique (GA) president Delfin Lee and four others after it downgraded the case filed by the Home Development Mutual Fund (HDMF) or Pag-IBIG against one of the accused.
In a resolution dated Feb. 11, CA Associate Justice Angelita Gacutan denied with finality the motion for reconsideration filed by the Department of Justice (DOJ) and HDMF questioning the appellate court’s Oct. 5, 2012 decision absolving Cristina Sagun, former GA documentation department chief.
With the dismissal of the charges against Sagun, the case of syndicated estafa against the four remaining accused was effectively downgraded to estafa, a bailable offense.
The arrest warrant issued for Lee, his son Dexter and two others have remained unserved by law enforcement agencies because they could not be located.
In dismissing the syndicated estafa case, the CA said there is only one information for syndicated estafa filed against all the accused before the San Fernando Regional Trial Court Branch 42.
“Under the law, if less than five persons are charged with syndicated estafa, the estafa or swindling cannot be committed by a syndicate. To hold otherwise would be to deny such persons the right to bail, thus violating their constitutional right to due process and liberty,†it said.
The appellate court ruled that the DOJ committed grave abuse of discretion when it included Sagun in the charge sheet filed with the Pampanga RTC.
The CA agreed with the lower court’s ruling that Sagun’s duty was simply ministerial.
Pag-IBIG and Housing and Urban Development Coordinating Council assistant secretary Danilo Subido said they have yet to receive a copy of the CA resolution.