Lee asks CA to overturn arrest-A A +A
Monday, March 10, 2014
BUSINESSMAN Delfin Lee turned to the Court of Appeals (CA) on Monday, asking the tribunal to set him free following an alleged illegal arrest by policemen last week in connection with his syndicated estafa case.
Lee’s lawyers said their client has been illegally detained because the CA earlier “quashed, recalled and lifted” the arrest warrant issued by Pampanga Regional Trial Court (RTC) branch 42 for lack of probable cause that he participated in the scam.
His petition for writ of habeas corpus stated that Lee, owner of owner of Globe Asiatique Realty Holdings Corp. (GA), must be presented before the appellate court at 11 a.m. Tuesday and order his immediate release from the National Bureau of Investigation (NBI) office in San Fernando City, Pampanga.
"To date, there is no temporary restraining order or injunction issued by the Supreme Court to stop the implementation of the direct injunction dated 7 November 2013 issued by the Court of Appeals against Judge Reyes and the PNP. There is likewise no TRO or injunction issued by the Supreme Court to stop the immediate recall, quashal and lifting of the warrant of arrest against herein petitioner," stated the petition, which was raffled off to the CA First Division.
It also pointed out that Lee was removed from the warrant of arrest list of the Philippine National Police (PNP) as early as November 20, 2013, citing a certification issued by the PNP- Criminal Investigation and Detection Group dated January 15.
The government defended the arrest, saying the CA ruling cannot be implemented pending resolution of the appeal filed by the Home Development Mutual Fund (HDMF or Pag-Ibig Fund) with the SC.
Lee, along with four others, is accused of using ghost borrowers and fake documents to obtain P6.65 billion-loan in 2009 from Pag-Ibig for its Xevera housing project in Mabalacat, Pampanga.
He was nabbed by the police in a hotel in Manila last Thursday. The court moved his arraignment from Monday to Friday. (Sunnex)