Could the Unregistered LGMHOA valdidly sue a land occupant for ejectment?

Most probably not, but then this sometimes happens when the plaintiff HOA deceives the Judge by not candidly identifying that they are not legally registered with HLURB.

At Loakan Green Meadows the HOA did indeed file an ejectment case against an occupant, who also happened to be an employee of Baguio City Hall. This, and the fact that Mandapat has deceived staff at the City Hall Treasurers and Engineers Offices, may of course have something to do with why she has been unable to get a Development Permit for Loakan Green Meadows.  

LGMHOA won its case on procedural grounds and not on the factual merits of its case, which were flawed and should ordinarily have resulted in a lost case.

The plaintiff HOA was represented by Roehl Gapol Mandapat (claimed, but not proven, and quite possibly even bigamous, husband of Lovely Ladignon Mandapat who according to the records maintained by Cabanatuan Civil Registry is still married to Christopher Tobias De Vera).

But Roehl Mandapat when filing his case deceived Judge Danilo Camacho of MTC Branch 1, Baguio City in that he failed to identify that, as can be ascertained fron information on the HLURB website, LGMHOA was not validly registered with HLURB and thus was not a legally valid incorporated HOA.

Interestingly, about the same time, Judge Camacho won an award from the Supreme Court because of his expediency in processing cases – we hope such expediency did not generally rely upon procedural matters rather than the merits of the plaintiffs cases, as that would seem to be a travesty of the underlying judicial principles of fairness and reasonableness set out in the Judicial Code of Conduct.

As a consequence, LGMHOA did not have the legal capacity to sue another party or person in any Court in the Philippines, and in a similar manner Roehl Gapol Mandapat did not have the valid legal capacity to act on behalf of an unregistered HOA or file his complaint in Court.

Perhaps Roehl Gapol Mandapat and the various trustees of LGMHOA including Quino Betong need to brush up on their legal knowledge and find out what the penalties are, including imprisonment, for deceivng the Court, operating an unregistered HOA and filing a falsified complaint?

They would also be wise to consider the reality that by filing such a falsified complaint on behalf of a HOA that was not legally validly registered and thus not legally recognized, the defendant in that case is quite entitled to file a counter-complaint claiming damages from them.

Sometimes, fraudsters and cheats try to be far too clever and fail to think about the negative consequences of their actions.

It is only a matter of time before these fraudsters are caught and locked up in jail.

Finally, another matter comes to light as a result of this lack of valid registration according to information on the HLURB website.

How did LGMHOA and BBGMFI manage to secure a mortage loan from NHFMC if LGMHOA were not validly registered with HLURB?

Did NHFMC not carry out proper checks with HLURB-CAR to make sure that LGMHOA was validly registered?

Or did someone deliberately turn a blind eye?

Either way, the matter needs to be investigated because it is the existing land occupants that suffer when land scams like this occur.


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