Republic of the Philippines
Office of the President
HOUSING AND LAND USE REGULATORY BOARD
NORTHERN TAGALOG REGIONAL OFFICE
3rd Floor Insular Life Building, McArthur Highway
Bgy. Dolores, City of San Fernando
Pampanga
xxxx HOMEOWNERS
ASSOCIATION, INC. represented by
abc
Complainant, HLURB Case No.
_______________
-versus-
CORPORATION and President
Respondent
x================================x
MOTION FOR EXECUTION
COMPLAINANT, unto this Honorable Office, through undersigned
Counsel respectfully alleges that:
1. On March 8, 2013, a decision was rendered by the HLURB Northern
Tagalog Region Field Office (Regional Office), the dispositive portion of
which reads:
“WHEREFORE, premises considered, judgment is hereby rendered
ordering the respondents ________, through its
President,___________________, to do the following:
1. Construct and provide the installation of connection of
MERALCO-approved electrical or power supply system, as well as
construct, install or connect the appropriate water distribution and
supply system, at the XXX Subdivision, Bgy.
__________________________, all within the period of three (3) months
from the finality of this judgment subject to the periodic monitoring of
such compliance works of the respondents by this Office of by the herein
complainant by way of a proper motion.
2. Complete or finish the construction of the underground
drainage system, concrete alleys and gutters, the clubhouse, basketball
court and children’s playground at the said subdivision project all within
the period of three (3) months from the finality of this judgment, subject
to the periodic monitoring of sucn compliance works of the respondents
by this office of by the hereint complainant by way of a proper motion.
Should the respondent fail or disobey the foregoing orders
without justifiable cause and upon finality of this order, a cumulative fine
of P500.00 per every day of delay or defiance of this judgment by the
respondents shall be imposed.
3. Construct and continuously maintain all the roads and
open spaces and repair all present by worn-out amenities and facilities of
the project without any recourse to the homeowners or members of the
association, including but not limited to the provision of an appropriate
number of security guards and garbage collection and disposal personnel
in the subdivision.
All other claims are hereby denied for lack of merit or evidence.
Cost of suit against the respondents.
IT IS SO ORDERED.”
2. On _____________________, a decision rendered by the HLURB Board of
Commissioners affirmed the decision of the Regional Office, the
dispositive portion of which reads as follows:
“Even on the merits, respondents failed to submit any evidence to
prove that they were able to comply with their obligation to complete
the development of XXX Subdivision and to provide the amenities and
facilities they promised to the buyers/homeowners in the said
subdivision project in accordance to the provision of PD 957.
WHEREFORE, premises considered, the appeal is PARTLY
GRANTED, specifically with respect to giving due course to respondents
ANSWER. In all other respects, the Decision dated ___________________
is hereby AFFIRMED.”
3. In spite of several attempts of the Complainant to speak with the
Defendant for the latter’s compliance with the order of Regional
Office as affirmed by the Commission, the Respondent has not
complied thereto.
WHEREFORE, premises considered, it is respectfully prayed that a
writ of execution be issued to implement the Order of the Regional Office on
May 8, 2013 and affirmed by the Commission on _____________________.
City of ____________________ ,Province of ___________________________.
Copy furnished:
President
Corporation
EXPLANATION/CERTIFICATION
I certify that a copy of the foregoing pleading was served upon the
Respondent through registered mail due to lack of manpower, long distance, and
heavy traffic thereby rendering personal service impracticable. The kind
understanding of the Honorable Office is prayed for.
