Republic of the Philippines
Office of the President
Housing and Land Use Regulatory Board
EXPANDED NATIONAL CAPITAL REGION FIELD OFFICE
1614 Sunnymead I.T. Center, South Triangle, Quezon Ave., Quezon City
CESAR Z. ARIOLA
Complainant,
- versus -
HLURB Case No. REM100810-14366
STA.
LUCIA
REALTY
DEVELOPMENT, INC.
AND
Respondent,
x
------------------------------------------------------- x
WRIT
TO:
OF
EXECUTION
THE EX-OFFICIO SHERIFF
(OR ANY OF HIS DEPUTIES)
REGIONAL TRIAL COURT
MANDALUYONG CITY
G R E E T I N G S:
WHEREAS, ON 20 JANUARY 2012, A DECISION WAS RENDERED BY
THIS OFFICE, THE GIST AND DECRETAL PART OF THE AFORESAID DECISION
READS AS FOLLOWS, TO WIT:
XXX
WHEREFORE, IN VIEW OF THE FOREGOING, THE
INSTANT CASE IS HEREBY DISMISSED FOR LACK OF MERIT.
IT IS SO ORDERED.
XXX
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WHEREAS, ON 22 FEBRUARY 2012, THE COMPLAINANT FILED AN
APPEAL MEMORANDUM TO THE BOARD OF COMMISSIONERS WHICH
RENDERED A DECISION DATED 3 MAY 2012, THE FALLO OF WHICH READS AS
FOLLOWS:
XXX
WHEREFORE, PREMISES CONSIDERED, THE APPEAL
IS GRANTED AND THE DECISION OF THE LSG IS REVERSED
AND SET ASIDE AND A NEW JUDGMENT IS HEREBY
RENDERED ORDERING RESPONDENT STA. LUCIA REALTY &
DEVELOPMENT, INC. TO:
1. REFUND TO THE COMPLAINANT THE AMOUNT OF
P11,294.06, REPRESENTING ALL HIS PAYMENTS
FOR SECURITY AND MAINTENANCE, PLUS LEGAL
INTEREST FROM THE TIME OF FILING OF THE
COMPLAINT, AT 6% PER ANNUM FROM FILING
UNTIL FINALITY OF THIS DECISION AND 12% PER
ANNUM FROM FINALITY UNTIL FULLY PAID;
2. PAY COMPLAINANT P30,000.00 AS MORAL
DAMAGES;
3. PAY COMPLAINANT P30,000.00 AS EXEMPLARY
DAMAGES;
4. PAY COMPLAINANT P20,000.00 AS ATTORNEYS
FEES;
5. THE COST OF SUIT
SO ORDERED.
XXX
WHEREAS, ON 26 JULY 2012, THE RESPONDENT FILED AN APPEAL
MEMORANDUM TO THE OFFICE OF THE PRESIDENT (OP) THAT RENDERED A
DECISION DATED 30 JANUARY 2015 DISMISSING THE INSTANT APPEAL OF THE
RESPONDENT.
WHEREAS, THE COMPLAINANT FILED A MOTION FOR THE ISSUANCE
OF WRIT OF EXECUTION ATTACHING THEREWITH A LETTER DATED 23 JUNE
2015 FROM THE COURT OF APPEALS STATING, AMONG OTHER THINGS, THAT
THERE IS NO PETITION FOR REVIEW WAS FILED FOR O.P. CASE NO. 12-F-145/
HLURB CASE NO. REM-A-110907-01510 ENTITLED CESAR Z. ARIOLA VERSUS
STA. LUCIA REALTY AND DEVELOPMENT, INC.
WHEREAS, ON 21 DECEMBER 2015, THE RESPONDENT ADMITTED
THAT IT NO LONGER FILED AN APPEAL AFTER THE DECISION OR RESOLUTION
OF THE OP DATED 30 JANUARY 2015.
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WHEREAS, THE 30 JANUARY 2015 DECISION OF THE OFFICE OF THE
PRESIDENT HAS BECOME FINAL AND EXECUTORY.
WHEREAS, RESPONDENT FAILED TO COMPLY WITH THE SAME.
WHEREAS,THIS OFFICE ISSUED AN ORDER GRANTING THE
COMPLAINANTS MOTION FOR THE ISSUANCE OF WRIT OF EXECUTION DATED
11 FEBRUARY 2016.
WHEREFORE, WE COMMAND YOU, PURSUANT TO P.D. 1344 IN
RELATION TO P.D. 957 AND IN CONNECTION WITH E.O. 648 SERIES OF 1981
AS AMENDED BY E.O. 90 SERIES OF 1986 TO EXECUTE SAID DECISION BY
ORDERING RESPONDENT STA. LUCIA REALTY AND DEVELOPMENT, INC.
WITH POSTAL ADDRESS AT GROUND FLOOR, STATE FINANCING
BUILDING, ORTIGAS AVE., MANDALUYONG CITY TO COMPLY WITH ITS
OBLIGATION AS FOLLOWS:
1. REFUND TO THE COMPLAINANT THE AMOUNT OF P11,294.06,
REPRESENTING ALL HIS PAYMENTS FOR SECURITY AND MAINTENANCE,
PLUS LEGAL INTEREST FROM THE TIME OF FILING OF THE COMPLAINT,
AT 6% PER ANNUM FROM FILING UNTIL FINALITY OF THIS DECISION
AND 12% PER ANNUM FROM FINALITY UNTIL FULLY PAID;
2. PAY COMPLAINANT P30,000.00 AS MORAL DAMAGES;
3. PAY COMPLAINANT P30,000.00 AS EXEMPLARY DAMAGES;
4. PAY COMPLAINANT P20,000.00 AS ATTORNEYS FEES;
5. THE COST OF SUIT
WE COMMAND YOU FURTHER, THAT (A) YOU IMMEDIATELY SEIZE,
HOLD, ATTACH AND PLACE UNDER YOUR CUSTODY SO MUCH OF THE
PERSONAL GOODS AND CHATTELS OF THE RESPONDENTS THAT YOU MAY
FIND AT THE ABOVE CITED ADDRESS, AS YOU MAY DEEM REASONABLE AND
NECESSARY TO SATISFY THE AMOUNT SPECIFIED IN THE DECISION ASIDE
FROM YOUR LAWFUL FEES IN THE SERVICE OF THIS EXECUTION; (B) EFFECT
THE EXECUTION AND SATISFACTION OF SAID DECISION ALL IN THE MONEY
OF THE PHILIPPINES THRU PUBLIC AUCTION IN ACCORDANCE WITH THE
PROVISION OF THE RULES OF COURT; AND THAT (C) YOU RETURN THIS WRIT,
TOGETHER WITH YOUR PROCEEDINGS INDORSED THEREON WITHIN SIXTY
(60) DAYS FROM RECEIPT HEREOF.
BUT IF SUFFICIENT PERSONAL PROPERTIES CANNOT BE FOUND
THEREAT TO SATISFY THIS EXECUTION AND YOUR LAWFUL FEES THEREON,
THEN, WE COMMAND YOU FURTHER (A) THAT YOU EXECUTE AND SATISFY
SAID JUDGMENT BY GARNISHING ANY AND ALL AMOUNTS, CREDITS AND
RECEIVABLES THAT MAY BE DUE TO OR IN FAVOR OF THE SAID RESPONDENT
THAT ARE BEING HELD BY OR IN THE NAME OR ACCOUNT OF ANY AGENT,
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DEBTOR, TRUSTEE, ASSIGNEE OR OTHER REPRESENTATIVE OF SAID
RESPONDENTS UP TO THE EXTENT THAT YOU MAY DEEM NECESSARY TO
SATISFY SAID DECISION AND YOUR LAWFUL FEES THEREON AND
THEREAFTER PROCEED AGAINST SAID AMOUNT CREDIT, ACCOUNT OR
RECEIVABLE IN ACCORDANCE WITH THE PROVISIONS OF THE RULES OF
COURT; (B) THAT IF THE SAME STILL BE INSUFFICIENT YOU FORTHWITH
CAUSE AN ATTACHMENT AND LEVY ON EXECUTION TO BE MADE ON ALL THE
TITLES OF LANDS AND BUILDINGS OF SAID RESPONDENTS WHENEVER
LOCATED AS YOU MAY DEEM NECESSARY AND SUFFICIENT TO SATISFY THE
AMOUNT SET FORTH IN SAID DECISION ASIDE FROM YOUR LEGAL FEES
THEREFOR EXCEPT FOR THOSE PROPERTIES, LOTS, AND/OR UNITS LOCATED
WITHIN THE SUBDIVISION OR CONDOMINIUM PROJECT SUBJECT OF THIS
CONTROVERSY WHICH HAVE BEEN PREVIOUSLY SOLD TO AND/OR OCCUPIED
BY BONAFIDE LEGITIMATE INNOCENT BUYERS OR TRANSFEREES FOR VALUE
AND IN GOOD FAITH PURSUANT TO A DEED OF SALE, CONTRACT OF SALE,
PURCHASE AGREEMENT OR TRANSFER OF RIGHTS, WHETHER OR NOT SAID
CONTRACTS OR DEEDS HAVE BEEN REGISTERED OR ANNOTATED ON THE
LOSING PARTYS TITLE, THAT (C) YOU TAKE APPROPRIATE PRECAUTION AND
PROCEEDINGS TO ASCERTAIN AND VERIFY THE STATUS OF OWNERSHIP,
POSSESSION AND DISPOSITION OF ANY PROPERTIES THAT MIGHT POSSIBLY
BE THE SUBJECT OF CONTRACT WITH OTHER LOT/UNIT BUYERS, BEFORE
PROCEEDING TO ATTACH LEVY AND TAKE FURTHER ACTION ON SUCH
PROPERTIES; AND (D) THAT AFTER DUE NOTICE AND APPROPRIATE
PROCEEDINGS, YOU CAUSE THE EXECUTION AND SATISFACTION OF
JUDGMENT DECISION OR ORDER TO BE MADE, ALL IN PHILIPPINE MONEY
THRU PUBLIC AUCTION IN ACCORDANCE WITH THE PROVISION OF THE
RULES OF COURT; AND THAT (E) YOU RETURN THIS WRIT TOGETHER WITH
YOUR PROCEEDINGS INDORSED THEREON WITHIN SIXTY (60) DAYS FROM
RECEIPT HEREOF.
IT SO ORDERED.
QUEZON CITY, METRO MANILA. 12 FEBRUARY 2016
ATTY.
MARIFE
C.
DOBLADA
Housing and Land Use
Arbiter
Cc:
CESAR Z. ARIOLA
Complainant
Block 11 Lot 12 Parkhills Executive Village
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Phase1-A, Marcos Highway, Antipolo City
ATTY. CRYSTAL I. PRADO
Counsel for the Respondent
Ground Floor, State Center II Bldg.
Ortigas Ave., Mandaluyong City
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