ROMULO R. PERALTA, VS. HON. RAUL E. DE LEON, PRESIDING JUDGE, REGIONAL TRIAL COURT OF PARAÑAQUE, BRANCH 258, HON. ARBITER DUNSTAN SAN VICENTE, IN HIS CAPACITY AS HOUSING AND LAND USE REGULATORY ARBITER AND LUCAS ELOSO EJE, IN HIS CAPACITY AS SHERIFF, REGIONAL TRIAL COURT, PARAÑAQUE CITY AND CONCEPTS

Ruling

WHEREFORE, a judgment ( sic ) is hereby rendered: Ordering respondent to pay complainant the amount of THREE MILLION TWENTY-TWO THOUSAND PESOS (P3,022,000.00) plus 3% interest per month from June 2000 until the full amount is paid and satisfied. Ordering respondent to pay complainant liquidated damages equivalent to ½ of all sums paid upon the purchase price. Ordering respondent to pay complainant attorney's fees in the amount of P20,000.00; and Ordering respondent to pay complainant the cost of suit. In the event that respondent would fail or refuse, or continue to fail or refuse, to pay his monetary obligations, the subject Contract to Sell is hereby rescinded/cancelled and the total amount paid by respondent be forfeited in favor of the complainant. In that same event, the respondent is hereby ordered to turn-over and cede peacefully the possession of or vacate the Condominium unit, Block 3, Unit 10, Phase II of the Elysium Community Condominium, to the complainant. All compulsory counterclaims of respondent are hereby denied. [4] Petitioner filed an appeal to the Office of the President which was docketed as O.P. Case No. 02-C-072. The appeal was dismissed by the Office of the President. Petitioner's Motion for Reconsideration was denied with finality by the same office in an Order dated 4 May 2005. [5] Meanwhile, on 29 October 2002, respondent HLURB Arbiter San Vicente rendered a decision against CSDI in the complaint docketed as HLURB Case No. REM-051500-10995 for Cancellation of Certificate of Registration, License to Sell, Declaration of Nullity of REM-051500-10995, Cancellation of Title, Specific Performance and Damages. [6] The dispositive portion of the HLURB decision states: WHEREFORE, the foregoing premises considered, judgment is hereby rendered as follows: 1. Ordering respondent Concepts and Systems Development, Inc. to accelerate the completion or full development of The Elysium Condominium project, consisting of its Phase I, II, and III; and to continue maintaining properly the common areas embraced in the whole condominium project, save those that the ECC Corporation have begun to manage or deliver services for the benefit of its members. 2. Return to the Elysium Community Condominium Corporation the percentage or fraction of the aggregate assessment fees it cumulatively collected from the unit buyers and credited to the cost of its maintenance of the Elysium project reckoned from organization of the ECC Corporation on 25 October 1990 up to 20 July 2000; 3. Turn-over to the ECC Corporation the accumulated membership fees paid by all corporation members starting from the ECC Corporation's date of organization in October 25, 1990 up to July 20, 2000, the date that management of the corporation was relinquished to the members; 4. Cease and desist from collecting maintenance fees from the unit owners, except when the same is demanded by the ECC Corporation in furtherance of its management of the project after the turn-over of the co