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HDMF vs. Sagun [SEPARATE OPINION, TIJAM, 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

SEPARATE OPINION

TIJAM, J.:

In 2008, Globe Asiatique Realty Holdings Corporation (GA), through its president Delfin Lee, entered into Funding Commitment Agreements (FCA) with Home Development Mutual Fund (HDMF) wherein it represented having interested buyers in its Xevera Projects in Pampanga. Under the arrangement, GA's supposedly existing buyers would be the loan applicants. GA will pre-process the loan applications and in case of default in the amortization, GA would buy back the loan accounts. This was followed by a second FCA, where the borrowers would be composed of Special Other Working Group (OWG) or those HDMF members who are...