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CA halts Makati RTC ruling favoring Delfin Lee

Jovan Cerda - The Philippine Star

MANILA, Philippines - The Court of Appeals blocked the implementation of a civil case decision against the Home Development Mutual Fund (Pag-IBIG), stemming from a suit filed by Globe Asiatique Realty Holdings Corp. President Delfin Lee.

The Makati City Regional Trial Court earlier ruled that Pag-IBIG and its board of trustees are guilty of breach of the provisions of the memorandum of agreement and the funding commitment agreements it had with GA. Lee filed the civil case following the filing of a syndicated estafa case against him and four others.

On March 17, the CA, issuing a temporary restraining order, ruled that the decision of the Makati RTC will place Pag-IBIG  "in an unjust and inequitable position, and will cause grave and irreparable injury, not only to the petitioner, but more importantly, to the public [in] general."

The CA said Judge Eugene Paras, who handled the case, decided the case in favor of GA without a formal presentation of evidence.

"Remarkable is the fact that that petitioner (Pag-IBIG Fund) was defrauded of billions of pesos already, for which numerous other cases, including criminal and civil cases, against private respondents are already pending before the appropriate tribunals," Associate Justice Stephen Cruz of the CA said.

Pag-IBIG accused Judge Paras of grave abuse of discretion when he handed down the decision in favor of GA without a trial.

Lee remains at-large after the San Fernando City issued a warrant of arrest against him.

ASSOCIATE JUSTICE STEPHEN CRUZ

COURT OF APPEALS

GLOBE ASIATIQUE REALTY HOLDINGS CORP

HOME DEVELOPMENT MUTUAL FUND

JUDGE EUGENE PARAS

JUDGE PARAS

MAKATI CITY REGIONAL TRIAL COURT

ON MARCH

PAG

PRESIDENT DELFIN LEE

SAN FERNANDO CITY

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