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unjust vexation/light threats/other light threats

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carmen watkins


Arresto Menor
Good Day po!!
I would like to ask for some legal advice/standpoint on our case...To give you a background po we bought from a condo unit from a known real estate developer. Thinking na kilala naman sila and they won't screw their name for any shady dealings with their clients we bought into the project. Now months later we started hearing stuff about this condo project...like wala daw ito license to sell from HtLURB, na questionable yung title of ownership where the project stands..Until we finally met a lawyer/resident here and he was spearheading na pala amongst hundred plus resident/owners since 2008! Besides sa mga questions about whether the project complied with HLURB, there were questions about the integrity of the buildings and the crappy drainage systems, and the fact that residents may not even hold ownership to their units...So what we did is we check with the HLURB! Imagine our surprise when the one and only LICENSE TO SELL they have is for a 621 residential units and 94 commercial units and for only 2-3 storeys high building--not the 6/12 kase this first phase was a loft style!!!!!So we file a civil case against the developer...HLURB has actually given this developer 9 CEASE AND DESIST ORDERS FROM SELLING/DEVELOPING/ADVERTISING--since 2005 pa!!! The problem is we don't know why until now the writ of execution hasn't been served..as such the stopping of selling itself/closing of sales office/and recently the supposed fines they've incurred for illegal selling!!

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carmen watkins


Arresto Menor
To continue my post HLURB just kept issuing orders threatening to stop the selling/close sales offices/supposedly finning them but nothing really tangible came out of it!!!HLURB then ENCR Regional Director gave us verbal authority we can tell off sales staff on-site from selling...though what we really wanted was HLURB staff to do such act because it is their JOB to do so!!!They said they cannot do it in writing because of technicalities...I n other words we were left to do what HLURB people were meant to do--STOP THE SELLING!!!!
Last year a group of us..mostly well-meaning and concerned resident/buyers who tried and stop sales agents from doing the illegal selling right on site...Management company cannot commit to protect us residents as they say they need to be neutral--but fact is they can't be neutral because they're parent company is the same as that of the developer!!
Now we have been slapped with 5 case of unjust vexation/light threats/other light threats!!!!
For stopping agents from duping more buyers into a project WITH NO LICENSE TO SELL/NO CERTIFICATE OF REGISTRATION/NO ADVERTISEMENT PERMIT/NO DEVELOPMENT PERMIT!!!!!!!!!!!!!!!!!!!!!!!!
Such case was apparently easy to file..even without any preliminary investigations!!!We just received three of the 5 cases via mail..and arraignment set on feb 15, 2012...I MEAN IS THIS EVEN JUSTIFIABLE!!!!

PLEASE KINDLY SHARE YOUR THOUGHTS...

THANKS!!

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attyLLL


moderator
file a motion for reinvestigation so you can file a counter affidavit. most judge will oblige. no prelim is allowed for these kinds of cases.


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