G.R. No. 143781 - JOSE CLAVANO, INC., VS. HOUSING AND LAND USE REGULATORY BOARD AND SPS. ENRIQUE AND VENUS TENAZAS.D E C I S I O N - Supreme Court E-Library

Ruling

accordingly directed to redeliver and again tender to the respondent [herein petitioner] the payment previously refused; 2. Immediately thereafter, execute a Deed of Absolute Sale in favor of the complainants and deliver the corresponding Transfer Certificate of Title over Lot 25, Block 1 of the EVC Emerald Estate free from all liens and encumbrances; 3. Deliver and transfer the possession or occupancy of the subject Cullinan House in favor of the complainants in the same complete condition and fit state as promised in the contract upon completion thereof and/or pursuant to respondents representations; 4. Pay the complainants as and by way of damages the amount of Three Hundred Thousand (P300,000.00) Pesos and the amount of One Hundred Thousand (P100,000.00) Pesos by way of attorneys fees, and cost of litigation in the amount of Five Thousand (P5,000.00) Pesos. The counterclaims prayed for by respondent are hereby denied for lack of merit. [3] On 21 June 1996 the HLURB upheld the Decision . [4] On 12 March 1998 the Office of the President likewise sustained the Decision but deleted the award of moral damages. On 29 May 1998 reconsideration was denied. [5] On 7 August 1998 the petition for review of petitioner with the Court of Appeals was dismissed for insufficiency of the certificate of non-forum shopping. On 8 October 1998 the appellate court denied reconsideration thereof. [6] On 7 December 1998 we dismissed the petition for review on certiorari of the CA Decision for failure of petitioner Jose Clavano, Inc. to submit a written explanation for substituted service thereof upon the respondents spouses and the Court of Appeals. [7] On 31 August 1999 the HLURB Decision , as modified by the Office of the President, lapsed into finality and ripened for execution. [8] The HLURB Regional Office issued a writ of execution to enforce the judgment, [9] and so petitioner was constrained to surrender to the spouses an unnotarized deed of absolute sale over the subject house and lot, the corresponding original owners duplicate of the transfer certificate of title in petitioners name, tax declaration certificates, managers check for costs and attorneys fees, miscellaneous documents, and the keys to the house bought by the spouses. [10] On 23 March 1999 private respondents filed a motion with the HLURB complaining about several defects in the housing unit as well as the fact that the deed of absolute sale which petitioner had delivered was unnotarized and the transfer certificate of title earlier produced was still titled in the name of petitioner. The spouses also asked the HLURB to order petitioner to pay for the expenses of the notarization of the deed and for the fees and taxes necessary for transferring and recording the title in the spouses name. On 15 June 1999 the HLURB granted the motion - x x x the Sheriff of the Regional Trial Court of Cebu City is hereby x x x directed to assist complainants [herein private respondents] to have the Deed of