REPUBLIC OF THE PHILIPPINES Office of the President HOUSE AND LAND USE REGULATORY BOARD HLURB Bldg.

, Kalayaan Ave., cor. Mayaman St., Diliman, Quezon City

CARMELINA RANGWANI, ET. AL.

Complainants
-versus-

HLURB CASE NO. :__1632__

FOR
:

DECLARATION OF NULLITY OF THE HOA ELECTION DATED FEBRUARY 26, 2012 & DISQUALIFYING THE RESPONDENTS TO HOLD OFFICE NEITHER TO RUN FOR THE ELECTION OF HOA FOR GRAVE ABUSE OF AUTHORITY WHILE HOLDING THEIR POSITION.

ROQUE D. LUMAKAD CONCEPCION Q. BALBERIA AND ERLINDA C. SUMADCHAT

Respondents
X ---------------------------------------------------------------- x

JOINT COUNTER AFFIDAVIT

We, ROQUE D. LUMAKAD, CONCEPCION Q. BALBERIA AND ERLINDA C. SUMADCHAT of legal age and residents of

Blk 1 Lot 6 Green Land St., Blk 4 Georgia St., Blk 9 Lot 4 Bermuda St., Annex 40, Better Living Subd., Don Bosco, Paranaque City, respectively, under oath, depose and say;

1. That presently we are duly elected officers of Annex 40 Home Owners Association and are the respondents of the above mentioned case.

2. That paragraph 1 of the complaint stated the names of the complainants, however not all of those listed therein had knowledge of said complaint, but rather were enjoined to sign a petition for re-election of HOA officers for Annex 40, which was then maliciously attached to the complaint implying that all complainants were aware of the complaint . And to attest to this fact is the joint affidavit of the said complainants who in good faith signed the petition letter unaware that it will be used and attached to the complaint. (annex A) 3. That in the same paragraph referred to in the preceding paragraph, the list of complainants therein contains nine (9) names of persons who are not listed in the Master List of ANNEX 40 HOA Inc., a such, are not bonafide members of the Annex 40 HOA. Namely; a. LIZA ALDAVE, b. MARIO CIPONEL, c. ANAMEI TARIGA, d. LIVI GONZALEZ, e. ELSA F. NUGERO, , f. CESAR RELUY g. PURITA TARIGA, h. ORLY OLIVO i. E. PAGATPATIN ROSEMARY

Attached herewith is a copy of the said Master List. (annex B) The respondents of this case thereby avers that these personalities being non-members of Annex 40 HOA, have no vested right to intervene in the affairs of said association and in effect, these complainants have no Cause of Action in this case and should be omitted from the complaint.

4. That the allegations in paragraph 4 of the complaint are ambiguous, unfounded and malicious, referring to several years back and past elections without exact dates is prejudicial to us respondents for the obvious reason that those elections referred to could possibly be during the incumbency of other officers rather that the respondents of this present case.

5. That in the same paragraph 4 of the complaint, we vehemently deny that only the president is elected and the rest of the officers and board of directors are appointed by the president elect. Attached are the records and minutes of the elections. (annex C) 6. That the allegation in paragraph 4 of the complaint regarding the invitation by Mr. Lumacad of a foreign national in the person of Mr. Omar to act as COMELEC in an unannounced election in order to ensure the respondents stay in power, further stating that Mr. Omar encroached and intervened unofficially in the elections is in itself malicious and incorrect. Mr. Omar was in fact a board of trustee from the federation of HOA, was not handpicked by Mr. Lumacad, but rather, Mr. Omar was assigned by the federation to conduct the election of officers for annex 40 BLS HOA in response to the request of

the same for a federation officer to legally conduct the said election. Attached are the supporting documents from the federation and the affidavit of Mr. Omar referring to the legality of the ballots. (annex D and E respectively)

7. That the allegation in paragraph 5 of the complaint with regards to the prejudice and violation of rights to have access to records by the complainant, such allegation is in-correct. Access was not denied by the secretary and the treasurer. The request of the complainant is for the said officers to give the records for the complainant to bring with her for scrutiny outside the HOA office, such request is highly irregular and could not be allowed for the obvious reason that records are to be preserved and protected, contrary to the request which may result to destruction or loss of the same. All records are open to all members, granting that it be in the premises of the HOA office and not to take such records with them, further provided under R.A. 9904 sec. 17 para B All records involving the affairs of the association shall be available for examination by all owners, holders of mortgages on the lots, and their respective authorized agents upon reasonable advanced notice, during normal working hours at the office of the association: Provided, That holders of mortgages on lots may have access to the information about the property held in mortgage with the written consent of the registered owner. In the case at hand, the complainants had no reasonable notice and such request to take the records is in itself highly irregular, it being clear upon construction of R.A. 9904 the request is not proper.

8. That allegations of questionable transparency of governance in paragraph 6 of the complaint, due to non dissemination of activities, projects and absence of approved resolutions, such allegations are in accurate. The Annex 40 BLS HOA conducts regular meetings, activities and projects are discussed by the board of Directors and Officers, such meetings, projects and activities are circulated to members and homeowners thru text messages, house to house info drive and by word of mouth for the annex 40 BLS community to be up to date to the development and progress of their neighborhood. In the account of approved resolutions, this association is but of a small community composed of more or less 2 hectares land area and 205 household, resolutions are deemed unnecessary for decisions are similarly made by the board of directors upon discussing matters thru their regular and special meetings. The By-laws likewise provides under Art. 5 sec. 1, General powers of the Board of Directors The business and affairs of the Association shall be managed by a Board of Directors which shall exercise all the powers of the Association.

9. That issues alleged by the complainants in paragraph 7 of the complaint are vehemently denied by the respondents. These issues are moot and academic as stated in para 3 of this affidavit, allegations are uncertain, malicious and without basis, redundantly concocted to discredit the HOA officers and directors, as well as to hinder the improvement and progress of the community affected, in this case the annex 40 BLS.

10. That the respondents vehemently deny allegations of mismanagement and lack of transparency alleged by the complainants in par 8 of the complaint. All financial transactions and projects are properly recorded in records kept by the treasurer, likewise audited by the auditor, to which one of the complainant in the person of Mr. Federico Corpuz who was once an elected auditor, the latter has personal knowledge of the records of similar transactions. Further in this community most of the projects are accomplished with the direct participation of the officers and HOA members in order to maximize resources and minimize expenses, wherein most of the time uncompensated time and effort of the same are utilized unselfishly for the good of the community, even up to the extent the personal expenses and fuel used for the projects are not reimbursed.

11. That the allegation of the over staying of the respondents in their position as stated in paragraph 9 of the complaint is malevolent and unsubstantiated, it is provided in the by-laws under ART. 6 sec. 2 xxxx officers shall hold office for a term of one (1) year and until their successors shall have been elected and qualified xxxx , therefore in the absence of an elected and qualified successor, the respondents have the right to be reelected to a position deemed fit to them as determined by the votes of the members. Otherwise if no one qualifies and holds office, the damage or detriment will be upon the community or annex 40 BLS at hand.

12. That the allegations that there no existing records of the annex 40 BLS HOA in the HLURB from 1992 up to 2011 is erroneous. Originally records of the said HOA are with the Home Insurance and Guaranty Corporation (HIGC), it is however provide under R.A. 9904 Sec.4 para. 3 The existence of associations previously registered with the Home Insurance Guarantee Corporation or the SEC shall be respected, and the said associations shall not be charged a penalty when they register with the HLURB after this Act takes effect. In effect this association was subsequently registered and turned-over to HLURB, to confirm that such association has existing records in the HLURB, provided here with is a certified true copy of the articles of incorporation secured from the HLURB dated 15 November 2006. (annex F)

13. That the contention of the complainants in their cause of action claiming unauthorized and unlawful holding of office by the respondents are groundless, unsupported and without substance. It being clearly settled that the election was legitimate as proved by affidavit and certification from the federation of HOA (annex D and E)

14. That in view of the inconsistent and redundant allegations by the complainants, it is clear that they maliciously concocted unfounded allegations in order to discredit the respondents and ultimately remove the same from their post. These actions are self serving to the complainants who have vested interests in the positions the respondents are currently holding.

15. That the respondents are also aware of the smear or hate campaign that the complainants have been circulating against the former in the form of letters to the community fabricating stories and inducing the residents of annex 40 BLS HOA not to pay their dues to the association. A copy of said Letters attach here with. (annex G) These actions are not only immature but detrimental to the community, for without funds the association will not be able to sustain the services of security guards and the street light, critical for the safety and security of the residents.

16. That in reference to the hate campaign in the preceding paragraph, the respondents fear for their safety; some residents may be incensed by the letters and take upon themselves to inflict harm on the former.

In sum, we vehemently and categorically deny all allegations of CARMELINA RANGWANI, ET. AL. in their complaint before the Housing and Land Use Regulatory Board; and pray that the allegations-complaint against us before this Honorable Commission be dismissed for lack of merit and probable cause with cost upon the complainants. Further praying for other reliefs this Honorable Court may deem just and equitable. As such, we are executing this Affidavit to certify or attest to the truth of the foregoing facts and for purpose of denying the false, baseless and malicious allegations made upon us by CARMELINA RANGWANI, ET. AL. and for whatever legal purpose that this Affidavit may serve.

IN WITNESS WHEREOF, We hereby affix our signature this ___ day of ___________, 2012 in the City of _________.

_______________________ Affiant

____________________ Affiant

______________________

Affiant

SUBSCRIBED AND SWORN to before me, a Notary Public, this ___ day of ____________ 200__ at _____________ City. Affiants presented to me their I.D.s as proof of their identities; a. ROQUE D. LUMACAD
DRIVERS LICENSE# NO3-04-377353- VALID DEC. 17, 2012

b. ERLINDA C. SUMADCHAT
PRC # 0810636 VALID- AUG. 13, 2014

c. CONCEPCION Q. BALBERIA
DRIVERS LICENSE # N03-96-197986 VALID- DEC. 7, 2012

I HEREBY CERTIFY THAT I HAVE PERSONALLY EXAMINED THE AFFIANTS AND I AM FULLY SATISFIED THAT THEY VOLUNTARILY EXECUTED AND UNDERSTOOD THEIR COUNTER AFFIDAVIT.

Doc. No. ; Page No. ; Book No. ; Series of 2011:

(Notary Public)