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    Motion For Execution of Judgment - HLURB

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    Ramon Luis Sto Domingo
    The motion requests the execution of a judgment in favor of complainants Mary Grace Banaag-Oarde and Darwin Oarde, which orders respondent Urban Eco Living Development Corp. to pay damages and refunds totaling Php294,000 plus legal interest, stemming from an earlier decision by the Housing and Land Use Regulatory Board. While the respondent appealed the decision, more than 60 days have passed since the appeal was filed with the Office of the President without any action or order staying execution. Therefore, the motion argues that the judgment is now executable.

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    Motion For Execution of Judgment - HLURB

    Uploaded by

    Ramon Luis Sto Domingo
    968 views4 pages
    The motion requests the execution of a judgment in favor of complainants Mary Grace Banaag-Oarde and Darwin Oarde, which orders respondent Urban Eco Living Development Corp. to pay damages and refunds totaling Php294,000 plus legal interest, stemming from an earlier decision by the Housing and Land Use Regulatory Board. While the respondent appealed the decision, more than 60 days have passed since the appeal was filed with the Office of the President without any action or order staying execution. Therefore, the motion argues that the judgment is now executable.

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    HLURB Motion

    Original Title

    Motion for Execution of Judgment - HLURB

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    The motion requests the execution of a judgment in favor of complainants Mary Grace Banaag-Oarde and Darwin Oarde, which orders respondent Urban Eco Living Development Corp. to pay damages and refunds totaling Php294,000 plus legal interest, stemming from an earlier decision by the Housing and Land Use Regulatory Board. While the respondent appealed the decision, more than 60 days have passed since the appeal was filed with the Office of the President without any action or order staying execution. Therefore, the motion argues that the judgment is now executable.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    968 views4 pages

    Motion For Execution of Judgment - HLURB

    Uploaded by

    Ramon Luis Sto Domingo
    The motion requests the execution of a judgment in favor of complainants Mary Grace Banaag-Oarde and Darwin Oarde, which orders respondent Urban Eco Living Development Corp. to pay damages and refunds totaling Php294,000 plus legal interest, stemming from an earlier decision by the Housing and Land Use Regulatory Board. While the respondent appealed the decision, more than 60 days have passed since the appeal was filed with the Office of the President without any action or order staying execution. Therefore, the motion argues that the judgment is now executable.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
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    of 4

    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:
    Page |2

    “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
    Page |3

    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
    Page |4

    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: [email protected]

    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

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