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Republic of the Philippines

Office of the President

Housing and Land Use Regulatory Board

EXPANDED NATIONAL CAPITAL REGION FIELD OFFICE


1614 Sunnymead I.T. Center, South Triangle, Quezon Ave., Quezon City

SPOUSES CONSTANTINO AND


JULITA FORTUS
Complainants,
- versus -

HLURB Case No. REM051995-8311

HOMESTEAD
DEVELOPMENT
CORPORATION, INC., ET. AL.
Respondents,
x
------------------------------------------------------- x

ALIAS WRIT OF EXECUTION


TO:

THE EX-OFFICIO SHERIFF


(OR ANY OF HIS DEPUTIES)
REGIONAL TRIAL COURT
QUEZON CITY

G R E E T I N G S:
WHEREAS, ON 09 SEPTEMBER 1997, A DECISION WAS RENDERED
BY THIS OFFICE, THE GIST AND DECRETAL PART OF THE AFORESAID
DECISION READS AS FOLLOWS, TO WIT:
XXX
WHEREFORE, PREMISES CONSIDERED, JUDGMENT IS
HEREBY
RENDERED
DIRECTING
RESPONDENTS
HOMESTEAD AND MARBAY TO JOINTLY AND SEVERALLY
CANCEL THE MORTGAGE AND DELIVER TITLE TO
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HLURB Case No. REM-051995-8311

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COMPLAINANT SPOUSES FORTUS TCT NOS. 331798,


331799; TO COMPLAINANT SPOUSES DIMAANO TCT NO.
331794; AND TO COMPLAINANT SPOUSES BAULA TCT NO.
331820 RESPONDENT HOMESTEAD IS FURTHER DIRECTED
TO PAY COMPLAINANTS P30, 000.00 AS AND BY WAY OF
ATTORNEYS FEES.
THE COMPLAINANT AGAINST ALL THE OTHER
RESPONDENTS AND ALL OTHER CLAIMS ARE HEREBY
DISMISSED.
IT IS SO ORDERED.
XXX
WHEREAS, RESPONDENT DBT-MARBAY CONSTRUCTION INC.,
THROUGH ITS COUNSEL FILED A PETITION FOR REVIEW DATED 13
NOVEMBER 1997.

WHEREAS, ON 17 NOVEMBER 1998, THE BOARD OF


COMMISSIONERS RENDERED A DECISION, UPHOLDING THE DECISION OF
THE HONORABLE ARBITER, THE GIST AND DECRETAL PART OF THE
AFORESAID DECISION READS AS FOLLOWS, TO WIT:
XXX
WHEREFORE, PREMISES CONSIDERED, THE PETITION
FOR REVIEW FILED BY RESPONDENT IS HEREBY DENIED AND
THE DECISION OF THE OFFICE A QUO IS HEREBY MODIFIED TO
READ AS FOLLOWS:
1. DIRECTING RESPONDENT HOMESTEAD TO DELIVER
TO COMPLAINANT SPOUSES FORTUS TCT NO. 331798,
331799, TO COMPLAINANT SPOUSES DIMAANO TCT NO.
331794; AND TO COMPLAINANT SPOUSES BAULA TCT NO.
331820.
2. CANCELLING THE MORTGAGED CONSTITUTED OVER
SAID TITLES IN FAVOR OF RESPONDENT MARBAY AND/OR
THIRD PARTY TEODORO, WITHOUT PREJUDICE TO THE
OBLIGATION OF HOMESTEAD TO PAY ITS INDEBTEDNESS TO
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RESPONDENT MARBAY AND/OR THIRD PARTY RESPONDENT


TEODORO.
3. DIRECTING HOMESTEAD TO PAY COMPLAINT P20,000
AS NOMINAL DAMAGES AND P10,000 AS ATTORNEYS FEES;
4. DIRECTING RESPONDENT HOMESTEAD TO PAY THE
CORRESPONDING MORTGAGE INDEBTEDNESS CONSTITUTED
OVER THE SUBJECT LOTS IN FAVOR OF CO-RESPONDENT DBTMARBAY AND/OR THIRD PERSON TEODORO. IT SHALL BE
UNDERSTOOD THAT THE PAYMENT OF THE MORTGAGE
INDEBTEDNESS SHALL NOT BE A CONDITION PRECEDENT TO
THE CANCELLATION OF MORTGAGE.
IT IS SO ORDERED.
XXX
WHEREAS, THE DECISION OF THE BOARD OF COMMISSIONERS WAS
SUBSEQUENTLY APPEALED TO THE OFFICE OF THE PRESIDENT (OP),
WHICH THE LATTER DISMISSED ON 28 FEBRUARY 2003, FOR BEING FILED
OUT OF TIME.

WHEREAS, ON 28 JULY 2011, THE OP ISSUED A RESOLUTION


DECLARING THAT 28 FEBRUARY 2003 RESOLUTION HAS BECOME FINAL
AND EXECUTORY.
WHEREAS, THE WRIT OF EXECUTION ISSUED 16 OCTOBER 2013
HAS REMAINED UNSERVED BASED ON THE SHERIFFS RETURN 1 DATED 3
DECEMBER 2013.
WHEREAS, RESPONDENTS FAILED TO COMPLY WITH THE SAME.
WHEREFORE, WE COMMAND YOU PURSUANT TO P.D. NO. 1344
IMPLEMENTING P.D. NO. 957 IN CONNECTION WITH EXECUTIVE ORDER NO.
648 AND EXECUTIVE ORDER NO. 90 TO EXECUTE SAID JUDGMENT BY
ORDERING RESPONDENT HOMESTEAD PROPERTY CORPORATION,
INC., WITH PRINCIPAL OFFICE ADDRESS AT NEW INTRAMUROS VILLAGE,
DILIMAN, QUEZON CITY, THE FOLLOWING:

Sheriff IV Jaime John C. Quinagoran

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1. DIRECTING RESPONDENT HOMESTEAD TO DELIVER TO


COMPLAINANT SPOUSES FORTUS TCT NO. 331798, 331799, TO
COMPLAINANT SPOUSES DIMAANO TCT NO. 331794; AND TO
COMPLAINANT SPOUSES BAULA TCT NO. 331820.
2. CANCELLING THE MORTGAGED CONSTITUTED OVER
SAID TITLES IN FAVOR OF RESPONDENT MARBAY AND/OR
THIRD PARTY TEODORO, WITHOUT PREJUDICE TO THE
OBLIGATION OF HOMESTEAD TO PAY ITS INDEBTEDNESS TO
RESPONDENT MARBAY AND/OR THIRD PARTY RESPONDENT
TEODORO.
3. DIRECTING HOMESTEAD TO PAY COMPLAINT P20,000 AS
NOMINAL DAMAGES AND P10,000 AS ATTORNEYS FEES;
4. DIRECTING RESPONDENT HOMESTEAD TO PAY THE
CORRESPONDING MORTGAGE INDEBTEDNESS CONSTITUTED
OVER THE SUBJECT LOTS IN FAVOR OF CO-RESPONDENT DBTMARBAY AND/OR THIRD PERSON TEODORO. IT SHALL BE
UNDERSTOOD THAT THE PAYMENT OF THE MORTGAGE
INDEBTEDNESS SHALL NOT BE A CONDITION PRECEDENT TO
THE CANCELLATION OF MORTGAGE.
WE COMMAND YOU FURTHER THAT, THAT YOU IMMEDIATELY
SEIZE, HOLD, ATTACH, AND PLACE UNDER YOUR CUSTODY SO MUCH OF
THE PERSONAL GOODS AND CHATTELS OF THE RESPONDENTS AS YOU
MAY FIND AT ITS ADDRESS, AS YOU MAY DEEM REASONABLE AND
NECESSARY TO: (A) SATISFY YOUR LAWFUL FEES HEREON; (B) EFFECT THE
EXECUTION AND SATISFACTION OF THE COSTS RELATIVE TO THE CASE,
ALL IN MONEY OF THE PHILIPPINES, THRU PUBLIC AUCTION IN
ACCORDANCE WITH THE PROVISION OF THE RULES OF COURT; AND THAT
(C) YOU RETURN THIS WRIT, TOGETHER WITH YOUR PROCEEDINGS
INDORSED THEREON WITHIN SIXTY (60) DAYS FROM RECEIPT HEREOF.
BUT IF SUFFICIENT PERSONAL PROPERTIES CANNOT BE FOUND TO
SATISFY THIS EXECUTION AND YOUR LAWFUL FEES THEREON, THEN WE
COMMAND YOU FURTHER THAT: (A) THAT YOU EXECUTE AND SATISFY SAID
JUDGMENT BY GARNISHING ANY AND ALL AMOUNTS, CREDITS OR
RECEIVABLES DUE TO OR IN FAVOR OF THIS BOARD THAT ARE BEING HELD
OR IN THE NAME OR ACCOUNT OF ANY AGENT, DEBTOR, TRUSTEE,
ASSIGNEE OR OTHER REPRESENTATIVE OF SAID RESPONDENT UP TO THE
EXTENT YOU MAY DEEM NECESSARY TO SATISFY SAID JUDGMENT AND
YOUR LAWFUL FEES THEREON AND THEREAFTER PROCEED AGAINST SAID
CREDIT, ACCOUNT OR RECEIVABLE IN ACCORDANCE WITH THE
PROVISIONS OF THE RULES OF COURT; (B) THAT IF THE SAME BE STILL
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INSUFFICIENT, YOU FORTHWITH CAUSE AN ATTACHMENT AND LEVY ON


EXECUTION TO BE MADE ON ALL THE TITLES OF LANDS AND BUILDINGS
OF SAID RESPONDENT WHEREVER LOCATED AS YOU MAY DEEM
NECESSARY AND SUFFICIENT TO SATISFY THE AMOUNT SET FORTH IN SAID
JUDGMENT, PLUS YOUR LAWFUL FEES THEREFOR, EXCEPT FOR THOSE
PROPERTIES, LOTS AND/OR UNITS LOCATED WITHIN THE SUBDIVISION
PROJECT SUBJECT OF THIS CONTROVERSY WHICH HAVE BEEN PREVIOUSLY
SOLD TO AND/OR ARE OCCUPIED BY BONAFIDE OR LEGITIMATE INNOCENT
BUYERS OR TRANSFEREES FOR VALUE AND IN GOOD FAITH PURSUANT TO
A DEED OF SALE, CONTRACT OF SALE, PURCHASE AGREEMENT OR
TRANSFER OF RIGHTS, WHETHER OR NOT SAID CONTRACT OR DEEDS
HAVE BEEN REGISTERED OR ANNOTATED ON THE LOSING PARTYS TITLE;
THAT (C) YOU TAKE APPROPRIATE PRECAUTION AND PROCEEDINGS TO
ASCERTAIN AND VERIFY THE STATUS OF OWNERSHIP, POSSESSION AND
DISPOSITION OF ANY PROPERTY THAT MIGHT POSSIBLY BE THE SUBJECT
OF CONTRACT WITH OTHER LOT/UNIT BUYERS, BEFORE PROCEEDING TO
ATTACH LEVY AND TAKE ANY FURTHER ACTION ON SUCH PROPERTIES;
AND (D) THAT AFTER DUE NOTICE AND APPROPRIATE PROCEEDINGS YOU
CAUSE THE EXECUTION AND SATISFACTION OF SAID DECISION TO BE
MADE, ALL IN PHILIPPINE MONEY THRU PUBLIC AUCTION IN ACCORDANCE
WITH THE PROVISION OF THE RULES OF COURT; AND THAT (E) YOU
RETURN THIS WRIT TOGETHER WITH YOUR PROCEEDINGS INDORSED
THEREON WITHIN SIXTY (60) DAYS FROM RECEIPT HEREOF.
IT IS SO ORDERED.
QUEZON CITY, METRO MANILA, 16 FEBRUARY 2016.

ATTY. MARIFE C.
DOBLADA
Housing and Land Use
Arbiter

Cc:

LEYNES LOZADA-MARQUEZ
Counsel for the Complainants
7th Floor, State Condominium I,
186 Salcedo St., Legaspi Village,
1229 Makati City

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Ex-Officio Sheriff
Regional Trial Court, Quezon City
HOMESTEAD PROPERTY CORPORATION
Respondent
New Intramuros Village,
Diliman, Quezon City

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