Republic of the Philippines

HOUSING AND LAND USE REGULATORY BOARD

EXPANDED NATIONAL CAPITAL REGION
QUEZON CITY

Mary Grace Banaag-Oarde and

Darwin Oarde
Complainants,
CASE NO. REM – 081715 –
15760
-versus-

Urban Eco Living Development Corp.,

Respondent.

X=================================X

MOTION FOR EXECUTION OF JUDGMENT

COME NOW the complainants Mary Grace Banaag-

Oarde and Darwin Oarde, by the undersigned counsel, and
unto this Honorable Office, respectfully moves for the
execution of judgment under the following premises, that:

1. A Resolution was promulgated by the Housing and Land

Use Regulatory Board, Board of Commissioners, for this
case on November 23, 2017, in favor of the
complainants and against the respondent, Urban Eco
Living and Development Corp., the dispositive portion
of which reads:

“WHEREFORE, the instant appeal is

DISMISSED.

SO ORDERED.”

(a certified copy of the Resolution is attached hereto

for reference as Annex “A”)

2. The appeal taken by respondent before the HLURB

Commissioners stemmed from the earlier Decision
dated August 22, 2017 of the Honorable Arbiter Al
Matthew P. Umali, the dispositive portion of which
reads:
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“WHEREFORE, premises considered,

judgment is hereby rendered ORDERING
respondent URBAN ECO LIVING
DEVELOPMENT CORP. TO:
a) REFUND complainants the amount of
Php194,000 at 6% legal interest from
the date of extrajudicial demand on
September 8, 2011;

b) PAY complainants the amount of

Php100,000.00 for moral and exemplary
damages;

c) PAY complainants costs of suit.

Let a copy of this Decision be furnished

the Monitoring Unit to monitor
respondent’s compliance with the law,
rules and regulations and to impose
fines and other administrative sanctions
as may be warranted.

All other claims and counter-claims are

hereby DENIED.

SO ORDERED.”

(a certified copy of the Decision is attached

hereto for reference as Annex “B”)

3. The November 23, 2017 Resolution of the HLURB Board

of Commissioners was appealed to the Office of the
President (OP) on January 23, 2018. (a copy of the
Memorandum on Appeal is attached as Annex “C”).

4. Complainants were Ordered by the Office of the

President to comment on the appeal memorandum and
they promptly did so within the time allotted. (copies of
the Order from the OP and the Comment on the Appeal
Memorandum are attached hereto as Annexes “D” and
“E”. However, up to now, there has been no action on
the matter.

5. Sec. 9 of Administrative Order No. 2, s. 2011states that:

“SECTION 9. Stay of execution. The

execution of the decision/resolution/order
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appealed from is stayed upon the filing of the

Notice of Appeal within the period prescribed
herein, provided that the stay of execution
shall not apply (a) where provided by special
law, and (b) in decisions/resolutions/order of
the Department of Interior and Local
Government pursuant to AO No. 23 (s. 1992),
as amended. However, in all cases, at any
time during the pendency of the appeal, the
Office of the President may direct or stay the
execution of the decision/resolution/order
appealed from upon such terms and
conditions as it may deem just and
reasonable.

With respect to
decisions/resolutions/orders of the
Housing and Land Use Regulatory Board,
the appeal will stay the execution for a
period of sixty (60) days from the date of
the filing of a Notice of Appeal within the
period set in Section 1, after which the
decision/resolution/order shall be
executory unless otherwise ordered by
the Office of the President.”

6. The sixty-day period has long lapsed since the case was
appealed to the Office of the President.

7. In the absence of any Order from the Office of the

President or any restraining order from any Court to the
contrary, the judgment may now be executed
immediately.

WHEREFORE, it is respectfully prayed that an Order be

issued for the execution of the above judgment. All other
reliefs just and equitable under the premises are likewise
prayed for.

Respectfully submitted.
Pasig City for Quezon City.

RAMON LUIS C. STO. DOMINGO

CHATO & VINZONS-CHATO LAW OFFICES
Counsel for the Complainants
IBP No. 070753 1-23-19 QC
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PTR No. 7574170 1-28-19 QC

Roll of Attorneys No. 54092
MCLE V Compliance No. V-0021958
(MCLE VI compliant certification under process)
8th Floor, Strata 2000 Building,
F. Ortigas Jr. Road, Ortigas Center
1605 Pasig City
Tel. Nos: (632)6316561 to 64
Fax: (632)6317634
Email: chalex@pldtdsl.net

Copy furnished:

Mr. Edwin Roceles

President, Urban Eco Living Development Corp.
15th Floor Centerpoint Building
J.Vargas cor. Garnet Road
1605 Pasig City

OFFICE OF THE PRESIDENT

1420 Jose Laurel St, San Miguel
Manila, 1005

NOTICE OF HEARING/EXPLANATION

HLURB-ENCRFO Arbiter
7th Floor HLURB-ARG

Please take notice that the foregoing Motion shall be

submitted for the kind approval and consideration of the
Honorable Office immediately upon receipt thereof in view of
its urgent nature and that it is being submitted sans further
argument. The motion was served by registered mail upon
the parties due to time and distance constraints and lack of
personnel to effect personal service.

RAMON LUIS C. STO. DOMINGO