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HDMF vs. Sagun [DISSENTING OPINION , CARPIO, J.]

HOME DEVELOPMENT MUTUAL FUND (HDMF) PAG-IBIG FUND, PETITIONER, VS. CHRISTINA SAGUN, RESPONDENT. [G.R. No. 205780] DEPARTMENT OF JUSTICE, REP. BY SEC. LEILA DE LIMA, STATE PROSECUTOR THEODORE M. VILLANUEVA, AND PROSECUTOR GENERAL CLARO A. ARELLANO, AND THE NATIONAL BUREAU OF INVESTIGATION (NBI), PETITIONERS, VS. CHRISTINA SAGUN, RESPONDENT. [G.R. No. 208744] DEPARTMENT OF JUSTICE, PETITIONER, VS. DELFIN S. LEE, RESPONDENT. [G.R. No. 209424] HOME DEVELOPMENT MUTUAL FUND (HDMF), PETITIONER, VS. GLOBE ASIATIQUE REALTY HOLDINGS CORPORATION, DELFIN S. LEE, IN HIS CAPACITY AS THE PRESIDENT OF THE CORPORATION, AND TESSIE G. WANG, RESPONDENTS. [G.R. No. 209446] PEOPLE OF THE PHILIPPINES, PETITIONER, VS. ALEX M. ALVAREZ, RESPONDENT. [G.R. No. 209489] HOME DEVELOPMENT MUTUAL FUND, PETITIONER, VS. ATTY. ALEX M. ALVAREZ RESPONDENT. [G.R. No. 209852] HOME DEVELOPMENT MUTUAL FUND, (HDMF), PETITIONER, VS. DELFIN S. LEE, RESPONDENT. [G.R. No. 210095] DEPARTMENT OF JUSTICE, PETITIONER, VS. DELFIN S. LEE, RESPONDENT. [G.R. No. 210143] PEOPLE OF THE PHILIPPINES PETITIONER, VS. DELFIN S. LEE, RESPONDENT. [G.R. No. 228452] HOME DEVELOPMENT MUTUAL FUND (HDMF), PETITIONER, VS. DEXTER L. LEE, RESPONDENT. [G.R. No. 228730] PEOPLE OF THE PHILIPPINES, PETITIONER, VS. DEXTER L. LEE, RESPONDENT. [G.R. No. 230680] CRISTINA SALAGAN, PETITIONER, VS. PEOPLE OF THE PHILIPPINES AND HOME DEVELOPMENT MUTUAL FUND (HDMF), RESPONDENTS.

G.R. No. 205698 | 2018-07-31

DISSENTING OPINION

CARPIO, J.:

This case involves the resolution of this issue: Is the taking of some P6.6 billion from the PAG-IBIG Fund, through the use of over one thousand fictitious borrowers, applied for by a private corporation through its corporate officers, simple estafa or syndicated estafa? The PAG-IBIG Fund, administered by a government corporation, is sourced from contributions by millions of public and private employees.

The majority holds that this mind-boggling taking of funds is a case of simple estafa. I dissent for obviously this is a case of syndicated estafa.

Before this Court are consolidated...