Guardo couple sued for alleged fraud

CEBU, Philippines — Cebu City Councilor Jerry Guardo and his wife, Sambag I Barangay Captain Ailien, are facing criminal complaints before the prosecutor’s office for “other deceits” after they allegedly failed to deliver a housing unit their company has sold to the complainant.

Alex Tumulak Gacho, Jr. accused the couple of violating Article 318 of the Revised Penal Code.

The complainant said he bought a housing unit from Elena Homes in Barangay Kalunasan in 2016. He said he paid P460,000 as equity to the developer Jacar Enterprises/Univille Homes which is owned by the couple.

But despite having fully paid his equity, the respondents allegedly failed to commence the construction of his housing unit until now. Gacho said he had made several demands for the return of the amount he paid but the couple failed.  

According to Gacho, the respondents made the assurance that the construction will immediately commence after paying the required 20-percent equity. He said he started paying his equity through installment in June 2015 until it was fully paid in May 2016.

To his surprise when he made a follow up on the status of the construction, the couple allegedly told him that he will be transferred to another unit. He was advised to secure a bank loan from Philippine Business Bank to hasten the construction.

Gacho said he kept on following up the status of the construction but the couple also made several promises that were never fulfilled until he got frustrated and decided to take legal action.

“The refusal and continued refusal of the respondents to return the amount I paid without justifiable reason despite the fact that they have not started with the construction of the project only bolsters the contention that they merely concocted promises in order for me to part with my hard-earned money for their own personal use thereby causing damage to me,” read Gacho’s complaint.

Gacho is asking the P800,000 in moral and exemplary damages as well as P150, 000 in attorney’s fees and reimbursement of litigation expenses.

The Councilor Guardo prefers not to issue any statement regarding the case, saying he will just answer it in the proper forum.

“As of today, we haven’t received any formal notice of the alleged complaint against me. We will address the matter in the proper forum once we receive the alleged complaint,” he told The FREEMAN. — FPL (FREEMAN)