Vice President Jejomar C. Binaytoday said that the Home Development Mutual Fund (Pag-IBIG) and the National Bureau of Investigation (NBI) will continue to assist double sale victims of the Xevera Project in Mabalacat as well as victims of other projects involving Globe Asiatique (GA) and Delfin Lee.
This is despite the fact that RTC Pasig Judge Rolando Mislang already issued a “preliminary injunction” on the ground of prejudicial question preventing the Department of Justice (DOJ) from filing the Information against Delfin Lee in court for syndicated estafa.
To date, the NBI and Pag-IBIG have assisted twenty-eight (28) individual complainants by helping them file the appropriate criminal complaints before the DOJ against Lee and his cohorts at GA.
Binay said Pag-IBIG had already filed an Omnibus Motion in RTC Pasig in order to intervene in the case, inhibit Judge Mislang and assail the preliminary injunction. According to the motion, RTC Pasig does not have jurisdiction to hear the case pursuant to the Rules of Cour and Judge Mislang is bias in favor of Delfin Lee. Furthermore, Lee is guilty of forum shopping because he already questioned the same prejudicial issue with the DOJ and lost.
"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 RTC Pasig, 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.