DOJ eyes sanctions vs Pasig judge for TRO on property developer's case

Department of Justice Sec. Leila de Lima on Thursday said the DOJ will file an administrative case against Pasig Regional Trial Court Branch 167 Judge Rolando Mislang for his issuance of an "irregular" order that restrained state prosecutors from filing a syndicated estafa case against property developer Globe Asiatique president and chief executive officer (CEO) Delfin Lee. At a news briefing, De Lima said she has instructed the Office of the Solicitor General to urgently file a motion to lift the temporary restraining order (TRO) that Mislang issued last week. She added that the OSG will also file a motion seeking Mislang's inhibition from the case. The administrative case, meanwhile, will be filed with the Supreme Court's Office of the Court Administrator. "I don't think we can expect impartiality and objectivity on his part," said De Lima. Judges whose inhibitions are being sought by parties to the cases they are handling respond through court resolutions or decisions. On Wednesday last week, the DOJ's Task Force on Securities and Business Scam led by Senior Deputy State Prosecutor Theodore Villanueva recommended the filing of syndicated estafa cases against Lee and four others. The DOJ gave weight to allegations that the respondents conspired with one another in a "ghost borrowers" scheme that supposedly defrauded the government of about P6.65 billion. Under the fraudulent scheme, Globe Asiatique supposedly used fictitious buyers to secure loans from PAG-IBIG Fund (Home Development Mutual Fund) for the Xevera housing project in Mabalacat, Pampanga. 'Irregular' Last week, the Pasig RTC Branch 167 issued a TRO to block the DOJ from filing the syndicated estafa case against Lee and his co-respondents. The trial court made such move even if it is handling a separate civil case Lee has earlier filed against the DOJ – a move De Lima found questionable. "This is irregular. We can no longer proceed with this. This is a new case," she said. She added that Lee, who heard through media reports that the DOJ is filing a case against him, has not even presented to the trial court a copy of the DOJ's resolution finding probable cause against him. De Lima then said she is wary that Lee's camp received advance information that a resolution will be released by the DOJ. "So how could the judge determine the merits of the TRO?" De Lima asked. — LBG/KBK, GMA News