Motion To Set For Hearing

Republic of the Philippines
Office of the President

HOUSING AND LAND USE REGULATORY BOARD
EXPANDED NATIONAL CAPITAL REGION FIELD OFFICE
7th Floor, Sunnymead IT Center
Quezon Avenue, South Triangle, Quezon City
VIOLY B. BRAZIL,
Complainant,
versus HLURB Case No. REM-121815-15869

For: a. Unsound real estate
practices; and
b. Claim for refund
EMPIRE EAST LAND HOLDINGS,

INC., INDUSTRIAL PROPERTY
DEVELOPERS, INC., & VAS
REALTY CORPORATION,
Respondents.
x--------------------------------------------x
MOTION TO SET CASE FOR HEARING
COMPLAINANT, by Counsel, to this Honorable HLURB, respectfully

allege:
1. A follow up was made on January 25, 2016 and it was discovered that the
Summons was served to the Respondents on December 2015;
2. On February 4, 2016, another follow up was made and we were informed

that there is no Answer of the Respondent filed in this Office. But instead,
the undersigned was instructed to check when the Summons was received by
herein Respondents;
3. On February 10, 2016, an email was received from Complainant, who is in

Singapore, informing the undersigned that a letter was received from Empire
East Landholdings Inc;
4. On February 16, 2016, the undersigned Counsel filed a Manifestation and

Notice of Change of Address of Counsel;
5. On February 20, 2016, the undersigned received the Answer with

Compulsory Counterclaim dated February 8, 2016;
6. Subsequently, on March 4, 2016 the undersigned was in receipt of
Comment/Opposition [To Complainant’s Manifestation and Notice of
Change of Address of Counsel for the Complainant dated 16 February
2016]. In this pleading, and to quote an excerpt in paragraph no. 6 “xxx.
Complainant’s counsel should not maliciously pass the blame to
Respondents and deceptively try to gain an upper hand by securing an
Order allowing the former to submit a verified position paper and draft
decision.(emphasis supplied)”;
7. The undersigned was offended by the allegation of the Counsel for the
Respondents, alleging that herein Counsel for the Complainant
MALICIOUSLY PASSED THE BLAME TO RESPONDENTS AND
DECEPTIVELY TRIED TO GAIN AN UPPER HAND BY SECURING
AN ORDER of this Honorable Office;
8. To put emphasis undersigned categorically denies this allegation

considering the fact that we have been very vigilant in trying to personally
follow up from this office if an Answer has been filed. Unfortunately, the
Manifestation dated February 16, 2016 was filed because this Office
informed us that they did not receive an Answer from the Respondents. And
it was only on February 20, 2016 that a copy of the Answer was received by
the undersigned counsel, which is a few days after the filing of the
Manifestation. Thus, the act of filing the Manifestation was honestly done
and in good faith;
9. It is worth taking note of the fact that the undersigned made follow up calls
on March 5 and 15, 2016 to Mr. James, the staff of Atty. Doblada and we
were informed that this Office has not yet received the Answer of the
Respondents.
10.A personal follow up was made on March 21, 2016 and we were informed
that the Answer from the Respondents’ Counsel was mailed to the post
office on February 9, 2016. But the said copy was not yet received by this
Office;
11. On March 21, 2016, the undersigned counsel received a consularized

Special Power of Attorney of Mr. Siak Teck Tan, authorizing the
Complainant to pursue his interest in this case. Attached is the copy of
Special Power of Attorney;
12.It is already more than one month from the time of the alleged mailing of the
Answer, and in the interest of substantial justice, undersigned believes in
good faith that a hearing must be set to thresh out these issues.
PRAYER
WHEREFORE, premises considered, it is most respectfully prayed of this

Honorable HLURB that an Order be issued:
 To set this case for a hearing and/or conference;
 In the alternative, to allow the parties to submit their verified position papers
and/or draft decision;
 And such other relief just and equitable under the premises are likewise
being prayed for.
29 March 2016, Quezon City.
ATTY. GIRLIE YULORES DIMACULANGAN

Counsel for the Complainant
Roll of Attorney No. 53815
IBP No. 1020915/Q.C./01-04-16
PTR No. 2131592/Q.C./01-04-16
MCLE Compliance No. V-0012788
Issued on December 14, 2015
No. 34 Examiner St., Brgy. West Triangle,
Quezon City
0917-8327773
Copy furnished:
Atty. Hiroshi R. Kotake

Edañno Sioson and Associates
24/F The World Centre Building
330 Sen. Gil Puyat Avenue,
Makati City 1200
EXPLANATION
A copy hereof is served on the recipients by registered mail/LBC, instead of

personal service, due to the urgency of filing of the same and due to lack of
messengerial personnel of the undersigned counsel for the Petitioner at the
moment.
ATTY. GIRLIE Y. DIMACULANGAN

Motion To Set For Hearing

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Republic of the Philippines

Office of the President

versus HLURB Case No. REM-121815-15869

EMPIRE EAST LAND HOLDINGS,

MOTION TO SET CASE FOR HEARING

COMPLAINANT, by Counsel, to this Honorable HLURB, respectfully

2. On February 4, 2016, another follow up was made and we were informed

3. On February 10, 2016, an email was received from Complainant, who is in

4. On February 16, 2016, the undersigned Counsel filed a Manifestation and

5. On February 20, 2016, the undersigned received the Answer with

8. To put emphasis undersigned categorically denies this allegation

11. On March 21, 2016, the undersigned counsel received a consularized

WHEREFORE, premises considered, it is most respectfully prayed of this

 To set this case for a hearing and/or conference;

29 March 2016, Quezon City.

ATTY. GIRLIE YULORES DIMACULANGAN

Atty. Hiroshi R. Kotake

A copy hereof is served on the recipients by registered mail/LBC, instead of

ATTY. GIRLIE Y. DIMACULANGAN

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