O ffi c e o f t h e P r e s i d e n t
HOUSING AND LAND USE REGULATORY BOARD
Northern Tagalog Regional Field Office
3rd Floor, Insular Life Building
MacArthur Highway, Dolores
City of San Fernando, Pampanga
JUANITA G. ALFONSO,
Complainant/s,
Respondent/s
x----------------------------------------------------------------------------------------------x
ORDER
This suit filed on February 12, 2013 prayed, among others, for the
delivery of the certificates of title covering Lot Nos. 3, 4, 5, 13, 14 and 15 of
Block 19, Phase 1 Covelandia Homes, Bulaon, City of San Fernando Pampanga
and, in the alternative, rescission of contract, refund including interest,
attorneys fees and damages.
On February 13, 2013, summons was sent to respondent. Summons in
this case was received by the respondent through registered mail on February
25, 2013, however, respondent did not file any responsive pleading thereto. On
August 23, 2013 an Order was issued directing complainant to submit a
verified position paper and draft decision.
On January 23, 2014, a decision was rendered ordering respondent to
deliver to the complainant, the Owners Duplicate Copies of the Transfer
Certificates of Tile (TCT) No. 662668-R covering Lot 3, Block 19; TCT No.
662669-R covering Lot 4, Block 19; TCT No. 662670-R covering Lot 5, Block
19; TCT No. 662677-R covering Lot 13, Block 19; TCT No. 662678-R covering
Lot 14, Block 19 and TCT No. 662679-R covering Lot 15, Block 19 and in the
alternative, at the option of the complainant, respondent was ordered to refund
the total amount paid by the complainant for the purchase of the subject
property, including legal interest of 6% per annum, reckoned from the filing of
this case until finality of judgment, and 12% interest from finality of the
judgment until fully paid; to pay the complainant nominal damages in the sum,
of 30,000.00 and temperate damages amounting to 20,000.00; and to pay
this Board an administrative fine of 10,000 for each of the undelivered titles.
On August 01, 2014, Complainant filed its Motion for Execution alleging,
that respondent Covelandia Homes, Creet-Group of Companies, Inc. received
the Decision dated January 23, 2014, as evidenced by Certification from
Philippine Postal Office; and that the 15-day period to appeal therefrom have
already lapsed and no appeal was filed by the respondent.
WHEREFORE, premises considered, finding the motion for execution
filed by complainant to be meritorious, the same is hereby GRANTED.
SO ORDERED.
City of San Fernando, Pampanga._____________________________.
O ffi c e o f t h e P r e s i d e n t
HOUSING AND LAND USE REGULATORY BOARD
Northern Tagalog Regional Field Office
3rd Floor, Insular Life Building
MacArthur Highway, Dolores
City of San Fernando, Pampanga
JUANITA G. ALFONSO,
Complainant/s,
HLURB CASE
021213-546
Respondent/s
NO.
NTR-REM-
WRIT OF EXECUTION
x-------------------------------------------------------------------------------------------x
TO: EX-OFFICIO SHERIFF
NO.
90
TO
EXECUTE
SAID
DECISION
BY
CAUSING
RESPONDENT TO:
1. TO
DELIVER
TO
THE
COMPLAINANT
THE
OWNERS
OPTION
ORDERED
TO
OF
THE
REFUND
COMPLAINANT,
THE
AMOUNTS
RESPONDENT
SHE
PAID
IS
AS
THE
WE
COMMAND
YOU
FURTHER
THAT
OF
THE
GOODS
AND
YOU
CAUSE
TO
BE
MADE
THE
SAID
SPECIFIC
Truly yours,
INDORSEMENT
_______________
Respectfully indorsed to the Office of the Clerk of Court, Regional Trial CourtThird Judicial Region City of San Fernando Pampanga, the herein attached
Writ of execution in HLURB Case No. NTR-REM- 021213-546; entitled
JUANITA
G.
ALFONSO
vs.
COVELANDIA
HOMES,
CRETT-GROUP
OF
Copy Furnished:
Atty. Ryann T. Rueda
Counsel for the Complainant
Endona Rueda Pama & Balatbat Law Office
Ground Floor, Endona Professional Bldg.
San Antonio Centro, Mexico, Pampanga
THE PRESIDENT
Covelandia Homes, Crett-Glocon Group of Companies,