Globe Asiatique owner asks SC to stop DOJ from filing P6-B estafa raps

April 28, 2012 1:03 am 

MANILA, April 27 – Delfin Lee, owner of Globe Asiatique, on Friday formally asked the Supreme Court (SC) to stop the filing of P6-billion estafa case against him in connection with the alleged anomalous loan transactions at the Home Development Mutual Fund (HMDF/Pag-Ibig Fund).

In his petition for review, Lee asked the SC to reverse and set aside the resolution of the Court of Appeals (CA), nullifying the writ of preliminary injunction issued by Pasig City Regional Trial Court (RTC) Judge Rolando Mislang in favor of Lee.

In the resolution of the CA, it gave the Department of Justice (DOJ) the go-signal to proceed with the filing of the P6-billion estafa case against Lee and other officials of Globe Asiatique.

Lee, in his petition, said that the CA erred when it granted the petition for certiorari filed by the DOJ because it was premature.

He also said that the DOJ's petition for certiorari violated Rule 46, Section 3 of the Rules of Court, which states that such petition should contain the full names and the actual addresses of all the petitioners and respondents, respectively, and that the same should contain the factual background of the case.

Lee cited some technical errors in the petition of the DOJ such that the latter failed to indicate the important dates when it filed before the Pasig City RTC their motion for reconsideration as well as their comment.

He said that such technical errors were sufficient to warrant the dismissal by the CA of the petition for certiorari of the DOJ.

Lee cited the earlier statement of DOJ Secretary Leila De Lima that a court order could not yet be implemented while an appeal is still pending. (PNA) RMA/PTR

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