Assistance for housing victims assured

By JC BELLO RUIZ
January 21, 2012, 6:05pm

MANILA, Philippines — Vice President Jejomar C. Binay Saturday reassured double-sale victims of the Xevera project in Mabalacat, Pampanga, as well as other victims of projects involving developer Globe Asiatique (GA) of continued assistance from the government despite a “preliminary injunction” issued by the Pasig Regional Trial Court (RTC).

Binay said the Home Development Mutual Fund (Pag-IBIG) and the National Bureau of Investigation (NBI) will continue to assist the double-sale victims as well as victims of other projects involving Globe Asiatique (GA) and its owner Delfin Lee.

Pasig RTC Judge Rolando Mislang had already issued a “preliminary injunction” on the ground of prejudicial question preventing the Department of Justice (DoJ) from filing the Information against Lee in court for syndicated estafa.

To date, the NBI and Pag-IBIG have assisted 28 individual complainants by helping them file the appropriate criminal complaints before the DoJ against Lee and other GA officials.

Binay said Pag-IBIG had already filed an Omnibus Motion in Pasig RTC in order to intervene in the case, inhibit Judge Mislang, and assail the preliminary injunction.

Pag-IBIG argued that Pasig RTC does not have jurisdiction to hear the case pursuant to the Rules of Court and Judge Mislang is bias in favor of Lee, the housing agency said.

“Furthermore, Lee is guilty of forum shopping because he already questioned the same prejudicial issue with the DoJ and lost,” Pag-IBIG stated on its motion.

“The motion was submitted for resolution on November 9 last year. However, up to this date Judge Mislang has not yet resolved the motion,” Binay said.

“This prompted Pag-IBIG to file an urgent motion to resolve the pending issues, but to no avail. In addition to the legal moves in Pasig RTC, Pag-IBIG also filed an administrative complaint against Judge Mislang before the Supreme Court for rendering the unlawful and unjust order,” he added.

For its part, the DoJ assailed the orders of Judge Mislang before the Court of Appeals (CA) by way of the Special Civil Action of Certiorari under Rule 65 of the Rules of Court.

The DoJ petition is still pending before the CA. Last year, Pag-IBIG filed a case against Lee for using a “modified ponzi” scheme that defrauded the government of about P6.65 billion.

GA allegedly used fictitious buyers to get loans from Pag-IBIG for its Xevera housing project in Pampanga.

According to the investigation by the NBI, GA used fake documents such as TINs, marriage contracts, and identification cards for thousands of ghost buyers for the Xevera project.

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