SC stops CA ruling that cleared Globe Asiatique owner's co-accused

March 20, 2014 10:42 am 

MANILA, March 19 — The Supreme Court (SC) on Wednesday stopped the ruling of the Court of Appeals (CA) which cleared a co-accused of Globe Asiatique owner Delfin Lee.

This was after the SC issued a temporary restraining order (TRO) stopping the CA from enforcing its ruling that voided the charges and lifted the warrant of arrest against Pag-IBIG Fund foreclosure manager Alex M. Alvarez.

Alvarez is a co-accused of Lee in the P6.6-billion syndicated estafa case filed by the Department of Justice (DOJ) before the San Fernando City, Pampanga Regional Trial Court (RTC) Branch 42.

The SC Third Division chaired by Associate Justice Presbitero J. Velasco, Jr. issued the TRO.

"Acting on the petitions filed by the Office of the Solicitor General (OSG) and the Office of the Government Corporate Counsel (OGCC) for the issuance of a temporary restraining order or writ of preliminary injunction… the Court resolved to issue a temporary restraining orderenjoining the Court of Appeals from implementing and enforcing its decision dated October 3, 2013 in CA GR SP No. 127690 entitled Alex M. Alvarez vs. Hon. Maria Amifaith S. Fider-Reyes, et al. that annulled and set aside Resolutions dated May 22, 2012, and August 22, 2012 issued by Hon. Amifaith S. Fider-Reyes in Criminal Case no. 18480 and that quashed, recalled, and lifted the warrant of arrest that the latter judge issued against petitioner Alex M. Alvarez pursuant to such resolutions…." the SC resolution said.

The SC effectively stopped the enforcement of the Oct. 3, 2013 CA decision that reversed the rulings handed down by the San Fernando City, Pampanga RTC Branch 42 against Alvarez.

Similar to Lee's case, Alvarez was also exonerated of the syndicated estafa case and lifted the warrant of arrest by virtue of the CA ruling.

In the CA decision, it ruled that Alvarez cannot be considered as a conspirator because he notarized the documents alleged to have been executed by fake buyers of housing units in Pampanga.

"Absent clear indications or links that a notary public has knowledge of the alleged crime and willingly and willfully participates in the commission of that crime, his mere act of notarizing is not enough basis to allow the hammer to fall upon him," the CA said. Likewise, the SC ordered that Alvarez's case will be consolidated with Lee's case. (PNA)



Comments are closed.