City homeowners group told to continue functions

CEBU, Philippines - The Housing and Land Use Regulatory Board Special Division has ordered the incumbent board of directors of Sto. Niño Village Homeowners Association, Inc. in Cebu City to continue performing their duties pending resolution of an election case.

HLURB board of commissioners through arbiter, Atty. Marife Doblada, on January 21, 2015 has directed the SNVHAI election committee, China Banking Corporation, HLURB-7, the Cebu City Police Office and the National Bureau of Investigation-7 to assist in the execution of the December 9, 2014 order.

“Accordingly, the incumbent members of the BOD, in hold over capacity, so as not to jeopardize the interests and welfare of the majority of the members and homeowners of the subject village, should continue to extend services, perform their principal duties and responsibilities, and other acts incidental thereto, under the law, pending the resolution of the main case by the undersigned,” reads the order.

The incumbent BOD is led by Florentino Palacio who was elected president in 2012 and was again a candidate on June 8, 2014 general election when the election committee declared a failure of elections due to alleged fraud, intimidation and blatant acts of electioneering during the election day.

Following the declaration, BOD members led by Palacio issued a resolution declaring the observance of a status quo until a new election shall have been conducted and all legal issues pertaining to the matter resolved.

A group of candidates led by Maximo Ricohermoso filed an election contest with prayer for the issuance of a cease and desist order with HLURB-7, which granted the same.

On December 9, 2014, the HLURB board of commissioners nullified the “unlawful” CDO of housing arbiter Ultimo Servande dated August 7, 2014 and stayed all its effects.

The SNVHAI BOD on January 7, 2015 demanded China Bank to restore exclusive access of their funds to its president, Palacio; vice president Micheline Farrarons and/or treasurer Jefferson Lim as the exclusive signatories.

“However, to date, China Bank had refused and failed and had continued to refuse and to fail to allow SNVHAI BOD access to its funds, disabling the said BOD to serve its members to the detriment of their interest and welfare,” said lawyer Audie Arnado.

The HLURB board of commissioners issued the writ of execution directing all involved to execute and implement its December 9, 2014 order effective immediately.

Arnado, in behalf of the SNVHAI BOD led by Palacio, in his letter dated January 27, 2015 asked CCPO and NBI-7 for the swift action in executing the orders of the HLURB board of commissioners.  (FREEMAN)