Byron files complaint vs. FLI, gov’t agencies

Thursday, January 19, 2012

HOMEOWNERS allied with Byron Garcia filed a syndicated estafa complaint against a property developer and officials of the Housing and Land Use Regulatory Board (HLURB) and the Metropolitan Cebu Water District (MCWD).

Garcia and 12 homeowners of Corona del Mar accused Filinvest Land Inc. (FLI) officials of “misrepresenting themselves” as the board of directors of the subdivision’s homeowners’ association.

Have something to report? Tell us in text, photos or videos.

The complaint, filed before Talisay City Prosecutor’s Office yesterday, also named HLURB 7 Director Antonio Decatoria Sr., HLURB chairman Roy Lopez and arbiter Ulitmo Servande as respondents.

Garcia, former security consultant at the Capitol, also implicated MCWD’s Eligio Pacaña and Armando Paredes, general manager.

Tristan Las Marias, FLI first vice president and project head for Visayas and Mindanao, said they have yet to receive a copy of the complaint so they cannot comment on the issue.

Officials

The complaint named 16 FLI officials, including Luis Fernandez, first vice president, and Joseph Yap, president and chief executive officer.

FLI is the developer of Corona del Mar in Barangay Pooc, Talisay City.

The complaining homeowners included HLURB in the complaint for “ignoring residents’ continued appeal to investigate the developer.”

They alleged that MCWD officials conspired with FLI by allowing the developer to sell and distribute water, which violates the Provincial Waters Act of 1973.

The complaint cited Presidential Decree 957 or the Subdivision and Condominium Buyers Protective Decree, which provides that “the owner or developer of a subdivision shall initiate the organization of a homeowners association among the buyers and residents of the project.”

It also invoked provisions of HLURB Resolution 770 or Framework of Governance of Homeowners Association, which provides that “directors who are lessees, occupants or developers … should not constitute a majority” of the board of the homeowners’ association.

The complaining homeowners said seven FLI officials have held their positions as officers of the homeowners’ association for more than seven years.

The complainants alleged that homeowners were not informed about the election of officers of the association.

Apart from Yap and Fernandez, the FLI officials named in the complaint are: Ma. Irma Tan, Efren Reyes, Emiliano Templo, Remedios Caoleng and Barbara Briones.

Complainants accused Servande of committing grave abuse of discretion and displaying
bias for FLI.

The HLURB board nullified the election of Garcia and other officers of the Corona Del Mar Homeowners’ Association Inc.