Republic of the Philippines

Office of the President

HOUSING AND LAND USE REGULATORY BOARD
EXPANDED NATIONAL CAPITAL REGION
Corner Kalayaan Avenue and Mayaman Street,
Diliman, Quezon City

AMERIGO CATUBIG
AND ARTHUR LINDO,
Complainants,

-versus- HLURB Case No. NCRHOA-643

RONAL DELA ROSA,

Respondent.
X====================X

DECISION

The complainants charge the respondent with offenses without praying for any specific
relief.

The complainants alleged, among other things, that:

“1. The respondent Ronald Dela Rosa cannot protect the rights of the Association
Members and he hold it with conflict of his personal interest to his present
position as president of the Homeowners Association.

“a. He (Ronald Dela Rosa) is always in favor to the Landowner (E.U.So) and
the Landowner Representative (ROSARIO DELA ROSA) his mother.

“b. Back filling of roads and construction of drainage system of our

subdivision being applied for CMP Project are among the Landowners
(E.U.So) and Landowner representative (ROSARIO DELA ROSA)
responsibility but the respondent Ronald Dela Rosa (Association
President) is always in favor to the Landowner and his mother to avoid
more expenses in their part. However, respondent position in this matter
is that the association should shoulder the expenses.

“2. The respondent Ronald Dela Rosa had been abusing his authority for
implementing rules and system without proper supporting documents.

“3. The respondent Ronald Dela Rosa have been violating our rights as
homeowner members as it was stated on our By-Laws Article III Section 3
Right and Privileges of Membership.

Decision HLURB Case No. NCRHOA-643 1

 “a. Not giving us the copy of minute of meeting, board resolution and memos
in spite of our verbal and written request to the respondent since he has
become a Association President. (October 2004 up to the present.)

“b. We tried to settle and bring it out to the grievance committee in our letter
dated September 12, 2005 but the committee did not take any action to
settle our complaint because of the influence of the respondent.

“c. The respondent (Ronald Dela Rosa) always prohibited us from asking
question to clarify the subject matter being discuss in the meeting by
saying ‘BAWAL ANG MAGTANONG SA MEETING AT SUMUNOD
NA LANG KAYO’ For instance, during our General Meeting on June
19, 2005 (Sunday) when the subject matter was the Php.71,000.00
Nawasa losses regarding alleged water leakage, the respondent said that
the Association should shoulder the expenses, When the undersigned
complainant Arthur Lindo posed a question as to why the Association
members should shoulder the expenses or losses respondent Ronal Dela
Rosa stopped him and said ‘BAWAL AND MAGTANONG AT
SUMUNOD NA LANG KAYO.’

“d. As former president of the Holyfield Homeowners Association and now

bonifided members therein, we sent letter to the respondent (Ronald Dela
Rosa) dated June 20,2005 citing our complaints but the respondent did
not take any action on the said mentioned letter.”

The foregoing statements are not supported by evidence. The complainants mentioned a
letter dated 12 September 2005 in paragraph 3(b); another letter dated 20 June 2005 in paragraph
3(d); and a written request in paragraph 3(a), all written documents, but they did not attach
copies of the alleged letters to their pleadings to support their statements.

The statement made in paragraph 1(b) is not supported by any document either. In the
contrary, a “KASUNDUAN” (Annex A of respondent’s answer) shows that it is the homeowners
association who contracted for the filing of the roads and open space. The agreement also shows
that one of those who approved the agreement is complainant Arthur Lindo. There is nothing to
show that the respondent had any hand in the contract.

Wherefore, in view of the foregoing, the instant complaint is dismissed.

It is so ordered.

Quezon City. 24 July 2007.

Marino Bernardo M. Torres

Housing and Land Use Arbiter

Approved:

JESSE A. OBLIGACION
Regional Director

Decision HLURB Case No. NCRHOA-643 2