REPUBLIC OF THE PHILIPPINES

OFFICE OF THE PRESIDENT

HOUSING AND LAND USE REGULATORY BOARD
NORTHERN TAGALOG REGIONAL FIELD OFFICE
Third Floor, Insular Life Building, Dolores,
San Fernando City, Pampanga

ABC,
Complainant,

-versus- HLURB Case No.

For: Refund with Damages

EFG,
Respondent.
x---------------------------------------x

COMPLAINT
COMES NOW, the complainant, ABC, by himself, unto this Honorable Office,
most respectfully states that:

1. Complainant ABC is of legal age, Filipino Citizen, with postal address at

_________________Caloocan City.

2. Respondent EFG, a corporation duly organized and established in

accordance with the laws of the Republic of the Philippines, is the
DEVELOPER of XYZ subdivision project located at
________________Bulacan with principal office address at the
____________________________Pasig City, where it may be served with
summons and other court processes;

3. Sometime _______________, I was lured by ____________, one of the

agents of respondent EFG into purchasing a unit in their XYZ subdivision
project located at Bulacan. I was shown the Site Development Plan, a
sample Eighty (80) square meters unit; Sample Computation, which shows
a minimal monthly amortization payment for the equity and the balance
can be coursed through Pag-Ibig Financing. Copy of the Site Development
Plan, Sample Description of an Eighty (80) square meter unit and Sample
Computation are hereto attached as Annexes A to A-2, B and C,
respectively.

4. Thus, on ____________, I signed a Reservation Agreement for a House

and Lot Package for the total contract price of
______________________________ and paid the amount of
1
 _______________ as Reservation Fee, and was told to issue 18 postdated
checks of P_________ each covering payment of the equity from
__________ up to _____________. Copies of the Reservation Agreement
and the Official and Provisional Receipts are hereto attached as Annexes
D to E, respectively.

5. Then, respondent issued two more Official Receipts covering my

_____________ payments. Copies of the Official Receipts are hereto
attached as Annexes F to F-1, respectively.

6. I also gave all the requested documents for the processing of the loan for
the balance. I was told to just wait for an update from them whether I am
qualified for a Pag-Ibig or bank loan. Believing that they were good in
dealing with their clients, I just waited for their update.

7. However, I never heard anything from them. All I know that every month,
the checks that I issued in favor of the respondent was deducted from the
BANK account. I tried messaging on the Facebook page of the respondent
to ask for an update on my pending loan application.

8. To my surprise, I was told that I need to pay monthly amortization and I

have been incurring penalties for non-payment. I was also told that my
penalty is now P________________ and my monthly amortization is now
P______________. Therefore, I need to immediately pay the total amount
of P____________. Worse, I found out that the unit that I bought
remained unfinished. Picture of the subject house is hereto attached as
Annexes G to G-4, respectively.

9. I did not agree to the penalties imposed upon me because there was no
negligence nor fault on my part. On the other hand, respondents were at
fault for not updating me on my housing loan nor of the payments to be
made. I was just waiting for their update and besides, all the documents
they required from me were all complied and submitted to them on time.
So I asked for a refund of _____________ representing all payments made.

10.Later, I received a Letter dated ____________ informing me that I have

sixty (60) days to pay my arrears of P___________, otherwise, they will
forfeit all my payments made. Attached to the said Letter is their
computation of my arrears, which shows that starting ___________, I
should start paying the monthly amortization of ______________. Copy of
the said Letter is hereto attached as Annexes H to H-1, respectively.

11.This is contrary to the computation shown to me that the possible monthly

amortization for Pag-Ibig Financing is P________________ per month for

2
 20 years or P____________ per month for 30 years --- the very reason why
I agreed to purchase the subject unit. Now they are asking me to pay the
lump sum of P______________. They did not even inform me how they
came up with the computation or that I was disqualified from availing of
Pag-Ibig Financing so I could look elsewhere for a more affordable monthly
amortization.

12.In view thereof, I was forced to seek assistance from this Honorable Office
through the Legal Services Group of the Central Office and its Regional
Office. After a series of conciliation hearings conducted by both Office, I
was told by the respondent that they are willing to refund the amount of
P____________. The amount being offered was premised on the fact that
for him to be entitled to a full refund, it should be the subdivision project
that is incomplete, contrary to his case whereby only the house is
incomplete. Copy of the Letter Complaint with HLURB Central Office and
HLURB-NTR are hereto attached together with their Minutes and the
p__________ check being offered as settlement as Annexes I to I-4 and J,
respectively.

13.I opted not to accept the offer since I have already paid the total amount
of P______________ for an unfinished house. Worse, I was told by the
neighbors that the subject unit has been sold to another person without
my knowledge and consent. This might be a reason why they did not
update me so they can sell it again to another person.

14.Respondents committed unsound business practices when they

misrepresented the terms and conditions of payments, and their
negligence of not informing nor updating me of the status of my Pag-Ibig
Financing Loan. Worse, they did not inform me that I should pay monthly
amortization on _______________.

15.From the very start, there was bad faith on the part of the respondent.

16.Aggrieved, I am now seek recourse to obtain justice from the damage

wrought by the respondents before this Honorable Office. Article 19 of
the Civil Code specifically mandates that “Every person must in the
exercise of his rights and in the performance of his duties, act with justice,
give everyone his due, and observe honesty and good faith.”

17.By reason of the deliberate concealment and misrepresentation of the

herein respondents amounting to bad faith, I suffered damages. If I was
only aware of the non-compliance and/or existing violations of the

3
 respondents and the deliberate misrepresentation of the payment
scheme for the subject unit, I would not have invested my hard earned
money with the respondent project.

18.Consequently, I suffered and continues to suffer mental anxiety, sleepless

nights, emotional trauma when I was charged to pay a lump sum amount
of P________________, otherwise they will forfeit all payments made.
Worse, respondents refused and failed to return to me all payments made
despite demand and instead cancelled and forfeited the same. That upon
seeking assistance with this Honorable Office, they only offered
P______________ as settlement. Respondents must therefore be held
liable for moral damages in the amount of TEN THOUSAND (P10,000.00)
PESOS.

19.In order to deter other companies from the commission of similar

fraudulent acts and to set an example for the public good, respondents
should be held liable to the complainant the amount of TEN THOUSAND
(P10,000.00) PESOS as exemplary damages. Verily, complainant is entitled
to moral and exemplary damages as provided for under Article 2217, 2219,
and 2229 in relation to Article 20 and 21 of the Civil Code of the
Philippines.

PRAYER

WHEREFORE, PREMISES CONSIDERED, it is most respectfully prayed

unto this Honorable Office that after due consideration and hearing,
judgment be rendered ordering respondent to REFUND the complainant all
payments made with damages. Complainant prays for such other reliefs, just
and equitable, under the premises.
Caloocan City for San Fernando, Pampanga, ______________

Complainant
Caloocan City

4
 VERIFICATION AND CERTIFICATION
OF NON-FORUM SHOPPING

Republic of the Philippines)

______________________)s.s.

I, ABC, of legal age, Filipino citizen, with postal address at Caloocan City after
having been sworn to in accordance with law, hereby deposes and states that:

I am the complainant in the instant case; that I have caused the preparation
of the foregoing COMPLAINT; and that the contents thereof are true and correct of
my knowledge and based on authentic records.

I hereby certify that I have not commenced any other action or filed any claim
involving the same subject matter or issues in any court, tribunal, or quasi-judicial
agency and to the best of my knowledge, no such other action or claim is pending
therein.

If I should thereafter learn that the same or similar action or claim has been
filed or is pending, I shall report that act within five (5) days from such notice.

Complainant
____ ID No. _______________
Issued On/At______________
Valid Until _________________

SUBSCRIBED AND SWORN to before me this ____ day of ___________ in

_____________ who affixed his signature on the foregoing Verification and
Certification and exhibited before me his competent evidence of identification
indicated under their names.

Doc. No. ____ NOTARY PUBLIC

Page No. ____
Book No. ____
Series of 20__