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RIV MARTIN V TOLENTINO ET AL FINAL CJSF
RIV MARTIN V TOLENTINO ET AL FINAL CJSF
RONALDO MARTIN,
Complainant,
Respondents.
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DECISION
This resolves the intra-association dispute against herein
respondents for violations of R.A. No. 9904, otherwise known as
the Magna Carta for Homeowners’ Association and violation of its
Implementing Rules and Regulations.
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officers of Fidela Herrera Neighborhood Association Inc. (FHNAI)
and its counsel Atty. Soledad Sugatan.
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Irungin-Hines, the original owner of a parcel of land where the
subdivision was established. On 24 June 2010, complainant
Tolentino, as President of CAHAFI, Santol I HOA, wrote a letter to
Ms. Silvina Bautista, the authorized agent of Iruguin-Hines, to
manifest her intent to redeem the property as assignees of the lot.
On 2 July 2010, Atty. Sugatan and Bautista and Iruguin-Hines
accepted the offer. Thereafter, a deed of sale (DOS) was executed
between FHNAI and Bautista. CAHAFI was re-established as
FHNAI.
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FHNAI members. Complainant adds that respondents did not
secure an authority or license to sell from DHSUD.
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During the scheduled mandatory conference on 26 April
2021, the parties did not arrive at a settlement. Thus, this Office
directed them to file their position paper and draft decision
pursuant to the En Banc Resolution No. 08, Series of 2021 of
Human Settlements Adjudication Commission fifteen (15) days
from date of mandatory conference.
ISSUES:
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Upon perusal of the records, it shows that the FHNAI was
duly registered by the Securities and Exchange Commission. The
incorporators stated in the documents bears the name of the
respondents.
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The DOS provides that the sale was entered into by Seller,
Numeriana H. Iruguin-Hines, represented by Silvina H. Bautista
and Buyer, Fidela Herrera Homeowners Association, Inc.
represented by its President Lucina Tolentino,Vice-President
Fortunata B. Bantiling and Treasurer Jenalyn Mejas.
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and for violation of the bylaws, rules, and
regulations of the association, in accordance with a
previously established schedule adopted by the
board and furnished to the homeowners;
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performance of their duties, the officers and
members of the board shall exercise the degree of
care and loyalty required by such position.
xxx
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The existence of associations previously registered with the
Home Insurance Guarantee Corporation or the SEC shall be
respected, and the said associations shall not be charged a
penalty when they register with the HLURB after this
Act takes effect.”
SO ORDERED.
1
Addendum to Department Circular No. 2020-03 dated November 20, 2020: Authorizing and
providing additional alternative modes of conducting meetings and voting for homeowners’
association under extraordinary circumstances, signed by DHSUD Secretary Eduardo Del
Rosario
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Atty. JOSELITO MELCHOR
Chief Regional Adjudicator
*maycil//http12785
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