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HDMF vs. Sagun [DISSENTING OPINION, LEONEN, 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 

LEONEN, J.:

I join Senior Associate Justice Antonio T. Carpio in his dissent. I write separately to contribute to a more exhaustive understanding of syndicated estafa as defined by Presidential Decree No. 1689.

There was probable cause to file informations for syndicated estafa and to issue corresponding warrants of arrest against Delfin S. Lee (Delfin), Dexter L. Lee (Dexter), Christina Sagun (Sagun), Cristina Salagan (Salagan), and Atty. Alex M. Alvarez (Atty. Alvarez). Hence, it was error for the Court of Appeals to set aside the August 10, 2011 Review Resolution of the Department of Justice, to annul and set aside...