Republic of the Philippines

Human Settlements Adjudication Commission

REGIONAL ADJUDICATION BRANCH NO. IV-A
Units 207-208, 2nd Floor Dencris Business Center,
National Highway, Brgy. Halang, Calamba City, Laguna 4027

REYNALDO L. BASIBAS
Complainant,
HSAC CASE NO. RIVA-
HOA-240105-00613

-Versus-
HOA OFFICERS PAGSIBOL
VILLAGE EAST 1, HOMEOWNERS’
ASSOCIATION,
Respondents,

RAFFY ARRIESGADO
JOAN ARC DIONISIO
JOSE RODEN MELGAREJO
JHAY MARK LEDESMA
SHIELA MARIE BALUDO
RAMONCITO FERRER
JOSELITO MENDOZA
ARJAY APOLINARIO
WILFREDO GABRIEL JR.
Respondents,
HOA Office, Phase 4A, Pagsibol Village,
Brgy. Sabang, Naic, Cavite

x--------------------------x
 OPPOSITION
(To the Motion to Submit Additional Evidence dated 10 June 2024)

COMES NOW the Respondents through the undersigned counsel and

this Honorable Office, most respectfully submit the following Opposition and
avers that:
TIMELINESS

1. The undersigned counsel received by herein Complainant a Motion to

submit additional evidence on June 10, 2024 via electronic mail but was
permitted access to the attached Annexes through google drive on June 12,
2024. Without waiting for a separate order thereof was given five (5) days
from the receipt of a copy of the motion or until June 17, 2024 which is
declared holiday, hence the timeliness of the filing of this pleading.

OPPOSITION/COMMENT AND DISCUSSION

Complainant still has no legal standing to

sue respondents nor file motion to submit
additional evidence against the respondents
The fact remained that Complainant is not a member nor a duly
authorized representative of any member of the homeowner’s association.
Complainant’s name was not even listed in the Master List of the members.
Complainant failed to submit to the association a written consent or Special
Power of Attorney from the unit owner in order to exercise all rights, duties
and obligations of membership.

Additional pieces of evidence are already available

At the time of filing the amended complaint.
The motion is a disguise to amend the complaint.

2. The complainant failed to show that the additional evidence is a newly

discovered evidence which had been discovered after the filing of the
amended complaint and that such evidence could not have been
discovered and produced at the time of filing the amended complaint. The
complainant likewise failed to show that the evidence is material and not
merely corroborative, cumulative or impeaching and is of such that if
admitted would probably alter the result. The complainant merely alleged
in his Motion that the additional evidence to be submitted is not intended
to delay the proceeding and highly relevant to the case.
 Complainant continue to circulate
false information against the respondents.

3. Complainant despite his failure to show his capacity to act as authorized

member of the association, continue to circulate among the residents false
and baseless accusations against the respondents. Complainant in his
amended complaint produced a Sinumpaang Salaysay which were
allegedly signed by the homeowner members when in truth and in fact
some of the members were not even aware of the content of the said
document. Among the several members who confessed to the association,
a certain Ramil Bares voluntarily offered his statement attesting that he
has not read the full statement of the Sinumpaang Salaysay as the first
page of the said document was not even included and thus, requested that
his signature/statement be removed. Copy of the written statement is
herein attached as Exhibit “A”.

The association is doing a fair and just

investigation of the allegation against the
alleged misappropriation of funds of the
current treasurer, Jose Roden Melgarejo.

4. Considering the power of the association to institute, defend or intervene

in a litigation and/or administrative proceedings affecting the welfare of
the association and its members, the respondents acted on the alleged
misappropriation of funds of the current treasurer, Jose Roden Melgarejo
in a separate criminal action.

PRAYER

WHEREFORE, it is respectfully prayed that an order be denying the motion to

submit additional evidence of the complainant for utter lack of merit;

Other reliefs just and equitable are likewise prayed for.

Bulacan, Philippines, June 18, 2024.

GLORIA LAW OFFICE

______________________________________________
Atty. Araceli Gloria
Counsel for Applicant-Respondent
3049 Bambang Bulacan Bulacan
Roll Number 69656
IBP Number 197844 January 6, 2022
 PTR Number 8222800 January 5, 2022
MCLE No. VI-0030286 April 14, 2023
Telephone Number 044-305-8905
Mobile No. 0961-494-0091
Email: atty.araceligloria@gmail.com

The following received a copy of the foregoing pleading: