Lee seeks CA relief vs arrest

MANILA, Philippines - The camp of businessman Delfin Lee is set to seek relief from the Court of Appeals (CA) today following his arrest last week.

Lee’s lawyer Willy Rivera said they would file a petition for a writ of habeas corpus seeking the immediate release of Lee, president of Globe Asiatique, who is facing charges of syndicated estafa for allegedly defrauding the Pag-IBIG Fund of P6.6 billion through a housing scam in Pampanga.

“We are seeking this relief to protect our client from these illegal moves and proceedings, including his scheduled arraignment on Monday,” Rivera said over the weekend.

Lawmen arrested Lee, a fugitive for over two years, on Thursday as he emerged out of the Hyatt Hotel and Casino in Ermita, Manila.

As proof, Rivera said they would submit documents from the Philippine National Police (PNP) showing Lee was already removed from the list of people with outstanding warrant of arrest.

Rivera stressed Lee was arrested by the police despite having a certification from the PNP Criminal Investigation and Detection Group’s Warrant of Arrest Information System Section (WAISS) that his name was removed from the list of warrant of arrest database effective Nov. 20, 2013.

The certification was signed by Police Superintendent Benjamin Silo Jr., acting chief of the Investigation Division; Chief Inspector Honor de Loza, chief of the WAISS, and a police document specialist.

Rivera said even PNP chief Director General Alan Purisima had acknowledged and recognized the decision of the CA Special 15th Division in a letter to his law office dated Jan. 8, 2014.

All police units were also enjoined from implementing the warrant of arrest against Lee in a memorandum dated Nov. 20, 2013 issued by Senior Superintendent Eliseo Rasco, chief of the directorial staff of the CIDG, he said.

Rivera said the “recall, quashal and lifting of the arrest warrant against Lee was immediately executory as it is clearly provided in the Nov. 7, 3013 decision of the CA Special 15th Division.”

He said the statement of the PNP and the Department of Justice that the CA decision was not yet final and executory because it is still being appealed before the Supreme Court is misleading.

Rivera explained the CA decision consists of two parts. The first part was the finding that Judge Amifaith Reyes of the Regional Trial Court Branch 42 of Pampanga committed grave abuse of discretion amounting to lack or excess of jurisdiction in declaring the existence of probable cause for syndicated estafa against Lee.

“This is the part of the decision that the PNP and DOJ are referring as not yet executory because it is still appealable to the Supreme Court,” he said.

The second part of the decision was the quashal, recall, and lifting of the arrest warrant against Lee and the injunction against the PNP and National Bureau of Investigation not to anymore implement the warrant and for Judge Reyes to cease and desist from proceeding against Lee.

“This is that part of the decision that is immediately executory. These parts of the decision are immediately executory because these are interlocutory orders which should be implemented immediately to maintain the status quo,” Rivera pointed out.

Rivera said this is provided under Section 4 Rule 39 of the Rules of Court, which states that even if there is appeal or motion for reconsideration of the decision on injunction, the injunction will still be immediately implemented.

Rivera said the injunction issued by the CA Special 15th Division is against the PNP and NBI who are immediately ordered not to implement the arrest warrant against Lee and against Judge Reyes not to anymore proceed against Lee.

According to Rivera, if Judge Reyes would still conduct hearings and issue orders against Lee, all these proceedings would be void or without any effect.

This included the commitment order of San Fernando, Pampanga RTC Executive Judge Edgar Chua, placing Lee in NBI detention pending resolution of the issue on the validity and legality of arrest, Rivera said.

Peremptory writ of habeas corpus means one that leaves no opportunity for denial or refusal. It is issued when the cause of detention appears to be patently illegal and the noncompliance therewith is punishable by law.

Rivera said they will file this because the second alias warrant of arrest dated August 2013 used by the PNP to arrest Lee was recalled and quashed by the CA in its Nov. 7, 2013 decision.

However, the Pampanga regional trial court hearing the case has already upheld the validity of Lee’s arrest despite the CA ruling.

Justice Secretary Leila de Lima had also explained the CA ruling clearing Lee is not yet final and executory since it is still under appeal in the SC, citing the Rules of Court.   

Malacañang also took the cudgels for Oriental Mindoro Gov. Alfonso Umali, whom Vice President Jejomar Binay alleged to have intervened in the arrest of Lee last week.

Presidential Communications Operations Office Secretary Herminio Coloma Jr. said Umali - who heads the country’s Governors’ League - has already informed President Aquino about the situation.

Coloma said Umali explained to the President who had asked him through a text message.

Coloma, however, did not elaborate.

He said Umali had admitted calling PNP chief Purisima, but only upon the request of Lee’s lawyer Gilbert Repizo, a friend and province-mate of Umali. -Non Alquitran, Delon Porcalla, Jose Rodel Clapano