By Perfecto Raymundo
MANILA, (PNA) — The Court of Appeals has exonerated another one of the accused in the case of syndicated estafa involving the property developer Globe Asiatique.
In a 21-page ruling of the CA’s 6th Division written by Associate Justice Edwin Sorongon, it stopped the proceedings of the criminal case against Atty. Alex Alvarez, foreclosure manager of Pag-Ibig Fund.
Likewise, the CA nullified the warrant of arrest issued by the San Fernando City, Pampanga Regional Trial Court Branch 42 against Alvarez.
The case stemmed from the alleged anomalous loan approved by Pag-Ibig Fund to alleged “ghost borrowers” who purchased property from Globe Asiatique housing project in Pampanga which is owned by Delfin Lee.
The CA said Alvarez was not included in the original complaint of Pag-Ibig Fund, instead, he was only included in the case by the Department of Justice upon the recommendation of Senior Deputy Prosecutor Theodore Villanueva.
It said although Alvarez had notarized the documents which were alleged signed by “fake buyers” of Globe Asiatique, it is not sufficient enough to include him in the case as “co-conspirator in the crime”.
The CA added if it will agree with the recommendation of the DOJ in the case of Alvarez, it may make the other notaries public who are just performing their job prone to harassment.
It also cited the failure of the RTC to confirm from Alvarez if he was receiving salary from Globe Asiatique before it ruled that there was “probable cause” in the case.
The CA stressed the payment received by Alvarez was not a form of salary, but rather, as payment for his notarization of the documents.