Delfin Lee to SC: Release me

MANILA, Philippines - Delfin Lee asked the Supreme Court (SC) yesterday to immediately order his release from detention and stop his indictment on syndicated estafa charges.

In two separate motions, he sought the dismissal of a Department of Justice (DOJ) petition questioning a Court of Appeals (CA) decision effectively dismissing the case against him and voiding the arrest warrant that the Pampanga Regional Trial Court (RTC) had issued.

Lee also asked the SC to lift the temporary restraining order (TRO) stopping his release from the Pampanga provincial jail.

Through lawyer Emmanuel Pichay, Lee reiterated the CA special 15th division’s ruling that Pampanga RTC Branch 42 Presiding Judge Amifaith Fider-Reyes erred in finding probable cause to charge him with syndicated estafa.

“The simplistic disposition in the assailed resolution itself betrays Judge Reyes’ obvious failure to examine the records submitted by DOJ, wherein she simply relegated herself to accepting hook, line and sinker, the certification of Senior Assistant State Prosecutor Theodore Villanueva that there exists a probable cause to indict herein respondent,” he said.

“But apparently, Judge Reyes did not examine the records to guide her in her determination of the existence or nonexistence of probable cause.”

Lee said the DOJ failed to comply with the rule on non-forum shopping in failing to inform the SC of other still pending cases, which are similar to its petition.

“It did not disclose the pendency of the other cases which were disclosed in the certificate of non-forum shopping attached in the petition for review of petitioner HDMF (Home Development Mutual Fund or Pag-Ibig Fund)... for cases involving Globe Asiatique Realty Holdings Corp. and HDMF,” he said.

In his petition for writ of habeas corpus, Lee told the CA that his arrest last March 6 was illegal since it had already “quashed, recalled and lifted” the arrest warrant.

Rebutting the claim, the DOJ and Pag-Ibig said the CA ruling was not final and executory and therefore could not be enforced.

Invoking Rule 45 of the Rules of Court, they questioned the ruling before the SC and argued that a TRO is not necessary to stay the implementation of the CA ruling.

The SC’s third division issued the TRO last week.

Binay informed Aquino of Lee case

Vice President Jejomar Binay said yesterday that President Aquino was informed that Lee was involved in a multibillion-peso housing scam.

The chairman of the Housing and Urban Development Coordinating Council (HUDCC) and the Pag-Ibig Fund said he was able to inform Aquino about Lee’s case while still under investigation for his alleged involvement in siphoning off P6.6 billion through a loan in Pag-Ibig using “ghost buyers and double sale” of housing units in Xevera Subdivision in Mabalacat, Pampanga.

“The President knows about Lee’s case. I told the President even during the time that we were investigating his case. I told the President that sir, this is a big transaction. Billions of pesos are involved here.”

Binay said one proof that Aquino knows Lee’s case involved multibillion-peso transactions was his decision to set a P2-million reward for Lee’s arrest.

He also informed Aquino about the claims of HUDCC deputy secretary-general Daniel Subido that police officers were considering releasing Lee and that they had to be reassured of the legality of the warrant of arrest.

Subido said that Binay immediately sent him to Camp Crame to ensure that the rule of law would be applied and proper procedure would be followed.

“It is incredulous for the Philippine National Police (PNP) to even consider releasing an apprehended accused based on the mere representations of the latter’s lawyer on the purported invalidity of the warrant of arrest,” he said.

Subido said the events that occurred immediately after the arrest of Lee prove that certain influential people were pressuring police to release him.

Police: No more Lee-like confusion

Chief Superintendent Benjamin Magalong, Criminal Investigation and Detection Group (CIDG) director, said they will now coordinate with the courts on matters involving legal issues to avoid confusion similar to the case of Lee.

“There is now a process, a protocol to make sure that it will not happen again,” he said.

Magalong said PNP chief Director General Alan Purisima has comprehensively discussed the matter.

“(The lesson learned) is due diligence. We will make sure that we will

clarify in the courts and in our legal service before we do that (delisting).”

Magalong said the important aspect of the new policy is coordination with the courts.

It was apparently not done in the case of Lee, he admitted.

When Lee was arrested, his lawyer presented a certification with Magalong’s signature showing that his client had been taken off the list of wanted persons.

Lee’s lawyer questioned the legality of his arrest on March 6, and presented another letter with a similar content that Purisima had signed.

However, Purisima said the delisting of Lee did not push through after the Department of Justice (DOJ) informed them about its appeal against lifting of the arrest warrant against him.

Lee, along with retired Maj. Gen. Jovito Palparan, brothers Mario and Joel Reyes and former lawmaker Ruben Ecleo remain on the list of wanted persons, Magalong said.

Bomb threat while Lee in court

A bomb threat was received in the Pampanga Regional Trial Court in San Fernando City where Lee was being arraigned yesterday morning.– With Jose Rodel Clapano, Cecille Suerte Felipe, Ric Sapnua