Cheated Buyers – More Info on the HLURB website that should help you to get your money refunded and get Mam Lovely prosecuted

The HLURB is continually updating its website and adding information intended to protect the rights of lot buyers from unscrupulus perpetrators of scam subdivision projects.

Buyers may not be aware, but the Office of the President issued Administrative Order No. 185 creating an Investor Protection Task Force (IPTF), with the specific purpose of orchestrating joint governmental agency investigation of scam subdivision projects. See the following link:

http://www.hlurb.gov.ph/article/articleview/2035/1/260/

Buyers who wish to pursue a formal written complaint through this task force should initially contact HLURB-CAR and seek guidance on which government agency should be contacted so that they may submit their complaint.

Given that money has been fraudulently collected from buyers even though no ECC, Development Permit, License to Sell, etc have been issued and the ownership of the land has been disputed in the courts by Benjamin S. Garcia, that should make it a mere formality for an investigation to proceed and recommendations be made to the Department of Justice for a criminal prosecution case to be filed against Mam Lovely, Kelly Parsons, Judge Abraham B. Borreta, NEJSSFI, BBGMFI and its board of trustees, errant trustees of Benguet Green Meadows Homeowners Association, etc.

At the very least, that will close down the scam operations of BBGMFI and protect other Filipinos from become new victims of Mam Lovely’s scam.

Buyer´s – If you have paid your full installments you need to read the following link:

http://www.hlurb.gov.ph/article/articleview/2000/1/260/

Because there is an ownership dispute for the lands at Benguet Green Meadows and no approved Subdivision Plan, you cannot get your clean title, which means that Mam Lovely and BBGMFI are clearly in breach of PD957.

HLURB should assist you in filing the appropriate “multiple-charge” violation complaint against Mam Lovely and BBGMFI – that is their mandate under Philippine law! If she cannot give you your title, then HLURB will have no option but to order them to repay you.

The following link provides advice on the venue for filing a complaint for violation of PD957:

http://www.hlurb.gov.ph/article/articlestatic/2044/1/260/

The Rules of Procedure for filing a complaint can be read at:

http://www3.hlurb.gov.ph/laws/2004RulesProcedure.pdf

The following link addresses the penalties available for violations by BBGMFI, Mam Lovely and Kelly Parsons of PD957:

http://www.hlurb.gov.ph/article/articlestatic/2034/1/260/

The following link provides the full content of PD957, identifying the various violations that are punishable, and which are intended to protect lot buyers:

http://www3.hlurb.gov.ph/yabbse/attachments/pd_957.pdf

The following link provides the Implementing Rules and Regulations (IRR) for PD957, further emphasising the nature of and penalties for violations, many of which have occurred at Benguet Green Meadows:

http://www3.hlurb.gov.ph/laws/IRRPD957.pdf

The following link to BP 220 is of particular relevance to socialized housing projects:

http://www3.hlurb.gov.ph/yabbse/attachments/bp_220.pdf

And the Implementing Rules and Regulations (IRR) for BP 220 can be found at:

http://www3.hlurb.gov.ph/laws/IRRBP220.pdf

Just like PD957, these two website pages enable you to ascertain how BP 220 has been violated by Mam Lovely, Kelly Parsons and BBGMFI, and how complaints are filed.

Benguet Green Meadows being a socialized housing project is required to have its buyers become members of a home owners association. HLURB provides information on its website governing how such associations are required to operate.

Rules on the Registration and Supervision of Homeowners Associations can be read at the following link:

http://www3.hlurb.gov.ph/laws/RulesRegistrationSupervisionHOA.pdf

Similarly, the regulatory Framework for Governance of Homeowners Associations can be read at:

http://www3.hlurb.gov.ph/laws/FRAMEWORK_FOR_GOVERNANCE.pdf

Upon reading these regulatory provisions, buyers may realize that their home owners association is being operated (if it is in fact being operated at all) in violation of those regulatory provisions and should raise the matter as a formal written complaint with HLURB-CAR.

What may be disturbing for buyers to learn is that according to the following link:

http://www3.hlurb.gov.ph/documents/HOA/HOACAR.htm

There is no HLURB registered home owners association for either Benguet Green Meadows or Loakan Green Meadows.

The most probable reason for this situation being that BBGMFI were unable to submit a Development Permit for each project (a submission requirement for CMP projects), and thus the registration application was deemed by HLURB-CARto be non-compliant and thus rejected.

That is clearly indicative that a scam is taking place and HLURB need to be prompted by buyers to take punitive action and inform/warn the general public via newspaper and TV media.

The regualtions applicable to Community Mortgage Program Home Owners Associations are further enhanced by the information provided on http://www.hlurb.gov.ph/article/archive/257 and RA7279 and its IRR.

In our next blog post we will identify, both using documentary evidence that we have, and potential evidence that buyers may also have, how Mam Lovely, BBGMFI and several of her extended family members have violated the above HLURB regulations, and so that buyers will find it much easier to file formal written complaints with HLURB.

In future blog posts we will identify relevant regulatory provisions of other relevant government agencies, and again using documentary evidence how Mam Lovely, BBGMFI, etc have violated those regulations.

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