HOUSING AND LAND USE REGULATORY BOARD Northern Mindanao Region, Cagayan de Oro City
JOSEPHINE ACOPIO-COOPER, HLURB CASE NO. NMR-REM-0041713-009
represented by ELSA A. SOLON, Complainant; -versus- For: Specific Performance with Damages HOZAC REALTY & DEVELOPMENT and Revocation of License with Urgent CORPORATION represented by its Application for CEASE and DESIST Order. Board of Directors and Officers namely: President JOSE C. BACOLCOL, JR., and John Does and Jane Does; GERRY T. RECENTES; HOME DEVELOPMNET MUTUAL FUND (a.k.a. PAG-IBIG FUND), represented by Vice President for Northern Mindanao Operations, FERMIN A. STA. TERRESA, JR., Respon dent. x----------------------------------------------------------x
WRIT OF EXECUTION
TO: FULGENCIO R. BUYAN/CIRIACO R. CRUZ, JR.
Sheriffs HLURB, Northern Mindanao
WHEREAS, On October 11, 2013 this Office rendered a
Decision in the above-entitled case, the dispositive part of which states as follows: WHEREFORE, in the light of the foregoing, judgment is hereby rendered: 1. ORDERING the respondents, Hozac Realty and Development Corp. represented by its President Mr. Jose C. Bacolcol and/or Sps. Gerry and Carmelita Recentes to execute the necessary Absolute Deed of Sale in favor of herein complainant within 10 days from the receipt of decision; 2. DECLARING the mortgage constituted over Block 1 Lot 7 as NULL and VOID for violating the provisions of Section 18 of P.D. 957 and consequently, ORDERING HDMF (PAG-IBIG Fund) Zamboanga City Branch and/or any of its authorized representative to release in favor of herein complainant the Transfer Certificate of Title on the subject property free from all liens and encumbrances; 3. ORDERING respondents, HOZAC REALTY AND DEVELOPMENT CORP., MR. JOSE C. BACOLCOL and/or SPS. GERRY and CARMELITA RECENTES, jointly and severally, to pay an amount of Fifty Thousand (P50, 000.00) Pesos to herein complainant as Moral Damages. 4. ORDERING respondents, HOZAC REALTY AND DEVELOPMENT CORP., MR. JOSE C. BACOLCOL and/or SPS. GERRY and CARMELITA RECENTES, jointly and severally, to pay an amount of Fifty Thousand (P50, 000.00) Pesos to herein complainant as Exemplary Damages. 5. ORDERING respondents, HOZAC REALTY AND DEVELOPMENT CORP., MR. JOSE C. BACOLCOL and/or SPS. GERRY and CARMELITA RECENTES, jointly and severally, to pay an amount of Thirty Thousand (P50, 000.00) Pesos to herein complainant as Moral Damages. 6. Cost of suit in the form of filing fees 7. ORDERING respondents, HOZAC REALTY AND DEVELOPMENT CORP., MR. JOSE C. BACOLCOL and/or SPS. GERRY and CARMELITA RECENTES, jointly and severally, to pay an amount of Ten Thousand (P10, 000.00) as administrative fine for the failure to secure a mortgage clearance on Lot 7, Block 1 of Jasmine Villas Subdivision; SO ORDERED.
WHEREAS, aforesaid decision has already become final and
executory for failure of the parties to file an appeal within required period; WHEREAS, Complainant filed a Motion for Issuance of Writ of Execution on July 20, 2017 which was given due course in our Order dated ____________; WHEREFORE, WE COMMAND YOU, Pursuant to PD 1344 in relation to PD 957 and in connection with EO 648 Series of 1981 as amended by EO 90 Series of 1986 to execute said decision by causing the respondents HOZAC Realty and Development Corp. represented by its President, Mr. Jose C. Bacolcol and/or Gerry Recentes with address at Sta. Isabel, Dipolog City to a) EXECUTE within Ten (10) days from the receipt hereof the necessary Deed of Absolute Sale of Block 1 Lot 7 of Jasmine Villas Subdivision situated at Olingan, Dipolog City; b.) PAY, jointly and severally, the complainant MORAL DAMAGES in the amount of Fifty Thousand (P50,000.00) Pesos; c) PAY, jointly and severally, the complainant the amount of Fifty Thousand (P50,000.00) Pesos representing EXEMPLARY DAMAGES; d) PAY, jointly and severally, the complainant the amount of Thirty Thousand (P30,000.00) Pesos representing Attorneys Fees; e) PAY, jointly and severally, the complainant the Cost of Suit in the form of Filing Fee ; f) PAY, jointly and severally, in favor of this Office an amount of Ten Thousand (P10,000.00) Pesos as Administrative Fine; and g) CAUSE, PAG-IBIG Fund to release the title over the subject property in favor of the complainant free from all liens and encumbrances. Provide, further, that in case Mr. Jose C. Bacolcol and/or mr. Gerry Recentes cannot be found upon after the exercise of due diligence, you are hereby DIRECTED and AUTHORIZED to execute the necessary Deed of Absolute Sale over Block 1 Lot 7 of Jasmine Villas Subdivision situated at Olingan, Dipolog City in favor of herein complainant.
WE COMMAND you further that since the decision awards
sums of money by way of refund/payment/reimbursement as principal remedy, ASIDE from damages, litigation expenses, attorneys fees and administrative fines, (a) you immediately seized, hold, attach and place under your custody so much of the personal goods and chattels of the respondent corporation as you may find at the above-cited address you may deem reasonable and necessary to satisfy the amounts specified in the Decision PLUS your lawful fees for the service of this execution; (b)effect the execution and satisfaction of the said Decision, all in money of the Philippines, thru public auction in accordance with the provisions of the Rules of Court and (c) you return this Writ, together with your proceedings indorsed 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 DECISION,RESOLUTION AND ORDEER BY GARNISIHING ANY AND ALL AMOUNTS, CREDITS OR RECEIVABLES THAT MAYBE DUE TO OR IN FAVOR OF THE RESPONDENT, THAT ARE BEING HELD BY OR IN THE NAME OR ACCOUNT OF ANY AGENT, DEBTOR, TRUSTEE, ASSIGNEE OR OTHER REPRESENTATIVE OF SAID RESPONDENT UP TO THE EXTENT THAT YOU MAY DEEM NECESSARY TO SATISFY SAID DECISION, RESOLUTION AND ORDER AND YOUR LAWFUL FEES THEREON AND THEREAFTE PROCEED AGAINST SAID AMOUNT CREDIT, ACCOUNT OR RECEIVABLE IN ACCORDANCE WITH THE PROVISIONS OF THE RULES OF COURT; (B) THAT IF THE SAME BE STILL INSUFFICIENT YOU FORTHWITH CAUSE AN ATTACHMENT AND LEVY ON EXECUTION TO BE MADE ON ALL THE TITLES OF LANDS AND BUILDINGS OF THES RESPONDENT WHEREVER LOCATED AS YOU MAY DEEM NECESSARY AND SUFFICIENT TO SATISFY THE DECISION, RESOLUTION AND ORDER, PLUS THE SUMS WHICH SHALL CONSTITUTE YOUR LEGAL FEES THEREFORE EXCEPT FOR THOSE PROPERTIESLOTS AND/OR UNITS LOCATED WITHIN THE SUBDIVISION PROJECTED SUBJECT OF THIS CONTROVERSY WHICH HAVE BEEN PREVIOUSLY SOLD TO AND/OR ARE OOUCPIED 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 DEEDSHAVE BEEN REGISTERED OR ANNOTATED ON THE LOSING PARTYS TITLE; (C) THAT AFTER DUE NOTICE AND APPROPRIATE PROCEEDINGS, YOU CAUSE THE EXECUTION AND SATISFACTION OF SAID DECISION, RESOLUTION AND ORDER TO BE MADE, ALL IN THE PHILIPPINES 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.
Cagayan de Oro City, Philippines
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RHONA B. ALBARECE HOUSING AND LAND USE ARRBITER Copy Furnished:
ATTY. RAUL BARBASO
Counsel for the Complainant Barbaso and Pacantang Law Office 083 Magsaysay St. Dipolog City
ATTY. MARIA JOY P. ARCADIO
HDMF ZAMBOANGA BRANCH Pag-Ibig Fund Building San Jose Road, Zamboanga City
ATTY. METHUSHIELA C. CAINTA-BANDANO
Counsel for the Respondent Cainta and Cainta-Bendano Law Office Dipolog City
MR, JOSE C. BACOLCOL
HOZAC REALTY AND DEVELOPMENT CORP. Jasmine Villas, Sta. Isabel Dipolog City