Delfin Lee to gov’t, HDMF: Show me the documents

By: Tetch Torres-Tupas - 10 years ago

MANILA, Philippines—Detained property developer Delfin Lee asked the Pampanga court to compel the government and the Home Development Mutual Fund (HDMF) to provide him copies of documents, which he said the prosecution kept from him and was used to file criminal charges in court.

Lee’s lawyer Rony Garay and Willie Rivera pointed out that the sought documents not yet given them by the government prosecutors despite Lee’s continued detention are needed “to prevent surprise, suppression, or alteration of certain evidence.”

They said they needed the documents considering that the information or charge sheet for syndicated estafa was already quashed by the Court of Appeals.

“(T)he status of the Information in this case is that the same is quashed and has not been revived by the Supreme Court… and without any intention of waiving the ground of lack of jurisdiction of the (Pampanga court), Garay’s motion stated.

Delfin Lee. INQUIRER FILE PHOTO

In an ad cautelam motion, Garay sought the production, inspection, and copying of documents before the San Fernando, Pampanga Regional Trial Court Branch 42.

An ad cautelam motion is a precautionary measure to preserve a party’s remedies and is used to question a court’s jurisdiction and at the same time allow the party to file pleadings while informing the judge that they are questioning the court’s jurisdiction.

The lawyers said they sought the documents “considering that the information for syndicated estafa has already been quashed or nullified by the Court of Appeals.”

The documents, the lawyers said, would show that “neither Lee nor Globe Asiatique defrauded private complainant HDMF of the alleged P6.6 Billion.”

Likewise Garay added in his motion that the documents would show that “HDMF did not incur P6.6 Billion in damages in its transactions with Globe Asiatique” and that neither Lee nor Globe Asiatique introduced fictitious or ghost buyers for the claimed P6.6 Billion worth of Pag-Ibig housing loan accounts in their Xevera Bacolor and Mabalacat project.

Lastly, the documents would show the issue between private complainant HDMF and Globe Asiatique/Delfin Lee is purely civil in nature, the lawyers said.

The documents they are asking the court to compel the government and HDMF to produce includes Contracts to Sell (CTS) of the alleged fictitious or ghost buyers corresponding to P6.6 Billion worth of PAG-IBIG loan accounts; Pag-IBIG Membership Status Verification Slip (MSVS) of these alleged fictitious or ghost buyers corresponding to the P6.6 Billion worth of Pag-Ibig loan accounts; Duly notarized Deeds of Assignment of CTS with Special Power of Attorney ( DA of CTS with SPA) of these alleged fictitious or ghost buyers corresponding to the P6.6 Billion worth of Pag-Ibig loan accounts; Demand letters of private complainant HDMF duly received by Globe Asiatique for the payment or buyback of this Php6.6 Billion worth of PAG-IBIG loan accounts because they allegedly consist of fictitious or ghost buyers.

Likewise sought were a detailed computation of the 10 percent retention fees deducted by private complainant HDMF from the loan take-outs in this P6.6 Billion worth of Pag-Ibig loan accounts and the corresponding BIR official receipts; A detailed summary of the Transfer Certificate of Titles (TCTs) covering this Php6.6 Billion worth of Pag-IBIG loan accounts which are now in the possession of private complainant HDMF and which it successfully transferred in its name;

He is also requesting for a detailed summary of the Transfer Certificates of Titles (TCTs) covering this Php6.6 Billion worth of PAG-IBIG loan accounts.

The 2008, 2009, 2010, 2011, 2012, & 2013 in-house real property appraisal of the houses and lots at the Xevera Bacolor and Mabalacat projects which are covered by the P6.6 Billion worth of Pag-IBIG loan accounts, among others.

They also want pertinent BIR official receipts covering private complainant HDMF’s income from the loan amortizations of the buyers in the Xevera Bacolor and Mabalacat projects of Globe Asiatique and accused Delfin S. Lee.

Notices of automatic off-setting of unpaid obligations of defaulting accounts against the funds of Globe Asiatique which are in the possession of private complainant HDMF, among others.

The lawyers said the documents would prove that there was no P6 billion fraud or damages to Pag-IBIG.