Republic of the Philippines

Housing and Land Use Regulatory Board

HLURB NCR
Mayaman, Diliman,
Lungsod Quezon, Kalakhang Maynila
EDGARDO LADIMO,
Complainant,
-versusFIREBIRD
CONSTRUCTION
&
REALTY
CORPORATION,
Represented by Mr. &
Mrs.
ALEJANDRO
and
GRACE GERVACIO,
Defendant,

HULRB Case No. ______________

x---------------------------------x
COMPLAINT
Complainant, through undersigned counsel, and unto this
Honorable Office, most respectfully alleges that:
1. Complainant EDGARDO LADIMO, is a Filipino citizen,
married, of legal age, with residence and postal address
at Blk. 1, Lot 40, Angelina Santos, Tanguili St., Fortune,
Marikina City;
2. Defendant FIREBIRD CONSTRUCTION & REALTY
CORPORATION is a corporation duly organized and
existing under the laws of the Philippines, with principal
office address at 14 Manti Street, Vista Valley Executive
Village, Sto. Nio, Marikina City where it may be served
with summons and other legal processes, represented by
Mr. & Mrs. ALEJANDRO and GRACE GERVACIO, as
evidenced by the Deed of Assignment, attached hereto as
Annex A;
3. Complainant is a buyer of a house and lot being sold by
the defendant with Transfer Certificate of Title No. N488970, located at Lot 19-B-4, Recto St., Parang, Marikina
City, evidenced by a Contract to Sell, attached hereto as
Annex B;
4. The complainant and defendant came up with a written
agreement on March 18, 2008 which they both agreed
upon and was duly signed by the parties as shown in the
Contract to Sell;

5. Complainant has already amortized a substantial amount

for the purchase of the property up until December 2011,
evidenced by checks issued by Security Bank and Loan
Amortization Details provided by Philippine Veterans bank,
attached hereto as Annex C;
6. After a momentary lapse, complainant attempted to
continue and complete his payment, but his requests were
ignored by the defendant. Complainant now seeks to
claim refund, in connection to Section 7 of the signed
Contract to Sell, which states that:
Section 7. Non payment of amortization for
three (3) consecutive months will cause this
contract to sell to be null and void. Vendees
shall vacate the premises immediately. Fifty
percent (50%) of the amount paid to the
Vendor shall be refunded, less unpaid
bills and cost of damages on the unit.
To support, The Realty Installment Buyer Act, also
known as the Maceda Law, specifically provides that:
Section 3. In all transactions or contracts
involving the sale or financing of real estate
on
installment
payments,
including
residential condominium apartments but
excluding
industrial
lots,
commercial
buildings and sales to tenants under Republic
Act Numbered Thirty-eight hundred fortyfour, as amended by Republic Act Numbered
Sixty-three hundred eighty-nine, where the
buyer has paid at least two years of
installments, the buyer is entitled to the
following rights in case he defaults in the
payment of succeeding installments:
(a) xxxxx
(b) If the contract is canceled, the seller shall
refund to the buyer the cash surrender value
of the payments on the property equivalent
to fifty per cent of the total payments made,
and, after five years of installments, an
additional five per cent every year but not to
exceed ninety per cent of the total payments
made: Provided, That the actual cancellation
of the contract shall take place after thirty
days from receipt by the buyer of the notice
of cancellation or the demand for rescission
of the contract by a notarial act and upon full
payment of the cash surrender value to the
buyer.

Down payments, deposits or options on the

contract shall be included in the computation
of the total number of installment payments
made.lawphi1

7. On September 17, 2015, complainant sent a letter of

demand for claim of refund which was received by the
defendant as shown in the registry return receipt hereto
attached as Annex D;
8. Despite said letter of demand stating to refund the
payments within fifteen (15) days from the receipt of the
letter, the defendant failed and still refused to pay the
amount involved.
9. As a consequence of defendants refusal to fulfill its
promises and obligations, the complainant was forced to
litigate and engage the services of counsel in order to
protect its rights in the amount of -------- as attorneys fees
and --- per court appearance.
PRAYER
WHEREFORE, premises considered, it is prayed that
judgment be rendered in favor of the complainant and against the
defendant, ordering the defendant to pay the amount of refund,
and that after judgment, pay complainant the following:
a. --- as attorneys fees and ---- per appearance; and
b. costs of suit
Other reliefs just and equitable under the premises are
likewise prayed for.
Makati City for Marikina City. ___________
LIGON SOLIS FLORENDO LAW FIRM
Counsel for the Complainant
The Penthouse, Zeta Building
191 Salcedo Street, Legaspi Village
Makati City
Tel Nos. (632) 8175672; 8940601
Telefax (632) 8945737
By
JOHN RYAN E. SEGUIT
IBP No.0985112 /01-08-15/ Quezon
PTR No. 0598044/01-08-15/ Quezon City
Attorneys Roll No. 59421

MCLE Com. No. IV - 0016272/ 04/10/13

Republic of the Philippines )

City of Makati
) s.s
VERIFICATION AND CERTIFICATION OF
NON-FORUM SHOPPING
I, EDGARDO LADIMO of legal age, Filipino, and with
address at Blk. 1, Lot 40, Angelina Santos, Tanguili St., Fortune,
Marikina City, after having duly sworn to in accordance with the
law, hereby depose states that:
1.

I am the complainant in the above-entitled case;

2.
I have caused the preparation of the same and I attest to the
veracity of all the allegations stated herein;
3.
I have read and understood all the allegations herein and
that I attest to the authenticity and veracity of all the documents
attached herein as based on existing and authentic records;
4.
I further certify that I have not commenced or filed any claim
involving the same issues herein with any other Court, Tribunal or
Quasi-Judicial Agency or I am not aware of any such other case or
claim pending before any other court, tribunal or quasi-judicial
agency; and
5.
Should I thereafter learn of the filing or pendency of such
similar action or claim, I will inform this Honorable Court of such
fact within five (5) days from knowledge thereof.
IN WITNESS WHEREOF, I have hereunto affixed my hands
this ___ day of ____________ at _______________, Philippines.
____________________________
EDGARDO LADIMO
Affiant
SUBSCRIBED and SWORN TO before me this ____ day of
___________ at ________________, Philippines, affiant exhibiting to
me his _________________________________.
NOTARY PUBLIC

Doc. No. ________;

Page No. ________;
Book No. ________;
Series of 2015.