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Republic of the Philippines

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,

-versusCOVELANDIA HOMES CRETT-GLOCON


GROUP OF COMPANIES, INC,

HLURB CASE NO. NTR-REM021213-546

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._____________________________.

ATTY. JOCELYN C. TALENS-SATUROS


Housing and Land Use Arbiter

Republic of the Philippines

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,

-versusCOVELANDIA HOMES CRETT-GLOCON


GROUP OF COMPANIES, INC,

HLURB CASE
021213-546

Respondent/s

NO.

NTR-REM-

WRIT OF EXECUTION

x-------------------------------------------------------------------------------------------x
TO: EX-OFFICIO SHERIFF

(OR ANY OF HIS DEPUTIES)


REGIONAL TRIAL COURT
THIRD JUDICIAL REGION
CITY OF SAN FERNANDO PAMPANGA
GREETINGS:

WHEREAS, ON JANUARY 23, 2014, JUDGMENT WAS RENDERED,


WHICH STATES AS FOLLOWS:
WHEREFORE, premises considered, judgment is hereby rendered
ordering respondent to do as follows:
1. 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;

2. In the alternative, if respondent fails to deliver titles, or the


circumstances show impossibility for them to legally or physically
deliver the same, at the option of the complainant, respondent is
ordered to refund the amounts she paid as purchase price for the
subject lots, 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;
3. To pay the complainant nominal damages in the sum, of 30,000.00
and temperate damages amounting to 20,000.00;
4. To pay this Board an administrative fine of 10,000 for each of the
undelivered titles.
No pronouncement as to attorneys fees and litigation costs.
SO ORDERED.
WHEREAS, THE RESPONDENT DID NOT FILE ANY APPEAL FROM THE
ABOVE DECISION WHICH HAS BECOME FINAL AND EXECUTORY;
WHEREFORE, WE COMMAND YOU, PURSUANT TO P.D. 1344 IN
RELATION TO P.D. 957, EXECUTIVE ORDER NO. 648 AND EXECUTIVE
ORDER

NO.

90

TO

EXECUTE

SAID

DECISION

BY

CAUSING

RESPONDENT TO:
1. TO

DELIVER

TO

THE

COMPLAINANT

THE

OWNERS

DUPLICATE COPIES OF THE TRANSFER CERTIFICATES OF


TITLE (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;
2. IN THE ALTERNATIVE, IF RESPONDENT FAILS TO DELIVER
TITLES, OR THE CIRCUMSTANCES SHOW IMPOSSIBILITY FOR
THEM TO LEGALLY OR PHYSICALLY DELIVER THE SAME, AT
THE

OPTION

ORDERED

TO

OF

THE

REFUND

COMPLAINANT,
THE

AMOUNTS

RESPONDENT
SHE

PAID

IS
AS

PURCHASE PRICE FOR THE SUBJECT LOTS TOTALLING TO

THE

883,200.00 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;
3. TO PAY THE COMPLAINANT NOMINAL DAMAGES IN THE SUM,
OF 30,000.00 AND TEMPERATE DAMAGES AMOUNTING TO
20,000.00;
4. TO PAY THIS BOARD AN ADMINISTRATIVE FINE OF 10,000
FOR EACH OF THE UNDELIVERED TITLES.

WE

COMMAND

YOU

FURTHER

THAT

OF

THE

GOODS

AND

CHATTELS OF RESPONDENT, YOU CAUSED TO BE MADE THE SAID


SPECIFIC PERFORMANCE, PLUS INTEREST, NOMINAL DAMAGES AND
TEMPERATE DAMAGES TOGETHER WITH YOUR LAWFUL FEES FOR THE
SERVICE OF THIS EXECUTION, AND THAT YOU ARE REQUIRED TO
RETURN THIS WRIT WITH YOUR PROCEEDINGS ENDORSED THEREON
WITHIN 60 DAYS FROM DATE OF RECEIPT HEREOF.
BUT IF SUFFICIENT PERSONAL PROPERTIES CANNOT BE FOUND
THEREOF TO SATISFY THIS EXECUTION AND ITS LAWFUL FEES, THEN
YOU ARE COMMANDED THAT THE LANDS AND BUILDINGS OF THE
RESPONDENT

YOU

CAUSE

TO

BE

MADE

THE

SAID

SPECIFIC

PERFORMANCE/DAMAGES AND/OR FINE/PENALTY INCLUDING YOUR


LAWFUL FEES IN THE MANNER PROVIDED FOR BY LAW AND THE RULES
OF COURT AND TO MAKE RETURN OF THIS WRIT WITHIN 60 DAYS FROM
RECEIPT HEREOF.
IT IS SO ORDERED.
CITY OF SAN FERNANDO, PAMPANGA. ___________________________.

ATTY. JOCELYN C. TALENS-SATUROS


Housing and Land Use Arbiter

Atty. Miguelito S. Pama


Endona Professional Bldg.,
San Antonio Centro, Mexico, Pampanga
Dear Atty. Pama:

The Writ of Execution in JUANITA G. ALFONSO VS. COVELANDIA HOMES,


CRETT-GROUP OF COMPANIES, INC. in HLURB Case No. NTR-REM- 021213546; is now ready for pick-up and delivery to the concerned Sheriffs Office of
City of San Fernando Pampanga.
Kindly get a copy of the writ at our office and pay the corresponding sheriffs
fee for its prompt execution.

Truly yours,

ATTY. JOCELYN C. TALENS-SATUROS


Housing and Land Use Arbiter

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

COMPANIES, INC. for your appropriate action.


Please acknowledge receipt hereof.

ATTY. JOCELYN C. TALENS-SATUROS


Housing and Land Use Arbiter

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,

Covelandia Homes, Brgy. Bulaon


City of San Fernando Pampanga

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