G.R. No. 261877 - PHINMA PROPERTY HOLDINGS CORPORATION, VS. JOSHUA C. RIVERA.D E C I S I O N - Supreme Court E-Library

Ruling

Accordingly, Section 23 does not apply against it. [16] Rivera moved to withdraw his Complaint against HDMF. [17] Ruling of HSAC Arbiter Balasolla On July 29, 2019, Arbiter Balasolla ordered the cancellation of the Contract to Sell between Rivera and Phinma. Moreover, Arbiter Balasolla directed Phinma to return to Rivera the equity, move-in fees, cost of improvement, and Rivera's Pag-IBIG monthly amortizations, as well as to buy back Rivera's loan. Finally, Arbiter Balasolla ordered Phinma to pay Rivera attorney's fees and costs of suit, viz.: WHEREFORE, PREMISES CONSIDERED, judgment is hereby rendered cancelling the Contract to Sell between [Rivera] and [Phinma] for the purchase of Condominium Unit M, Building 5 of the Hacienda Balai Condominium located at Zabarte Road, Quezon City and directing [Phinma] to (1) refund to [Rivera] the following amounts: Equity of P[HP] 209,000.00; Move-In Fee of P[HP] 14,500.00; Cost of Improvement of P[HP] 25,000.00; and equivalent value (principal amount, net of interest and surcharges based on the Agreement between Pag-I[BIG] and [Rivera]) of the Pag-I[BIG] monthly amortizations paid by [Rivera] amounting to P[HP] 93,600.64; (2) pay [Rivera] attorney[']s fees of P[HP] 20,000.00 and the cost of suit; and (3) buy back from Home Development Mutual Fund the loan obligation of [Rivera]. The complaint as against Home Development Mutual Fund is DISMISSED for lack of jurisdiction. All other claims and counterclaims are dismissed accordingly. SO ORDERED.