MANILA, Philippines -A lawyer yesterday said that law enforcement agencies, including the Philippine National Police and the National Bureau of Investigation, should abide by the decision of the Court of Appeals (CA) lifting the warrant of arrest earlier issued by a lower court against businessman Delfin Lee and other officials of Globe Asiatique.
Willy Rivera, legal counsel for Lee, said Article 241 of the Revised Penal Code imposes the penalty of arresto mayor (one month to six months imprisonment) to prision correctional (six months to six years imprisonment) for usurpation of judicial functions or obstructing the execution of any order rendered by the court.
The CA Special 15th Division, one of eight CA divisions that decided in favor of Globe Asiatique, has ruled that Judge Maria Amifaith Fider-Reyes of the San, Fernando, Pampanga regional trial court committed grave abuse of discretion in issuing a warrant for Lee’s arrest for the crime of syndicated estafa.
Earlier, Justice Secretary Leila de Lima said the arrest warrant against Lee stands despite the CA order.
The CA ruled in favor of Globe Asiatique and its officers against Home Development Mutual Fund (or Pag-IBIG Fund) and the Department of Justice.
In lifting the arrest warrant, the CA division ruled that “all government agencies tasked in the enforcement of the warrant of arrest, including but not limited to the PNP, NBI and the Bureau of Immigration, are immediately enjoined from implementing the same.â€