1,400 xevera home borrowers and legitimate members of Pag-ibig Fund demand immediate actions against Pag-ibig and VP Binay.

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Sa aking mga kababayan may attachment rito na magpapatunay na hindi talaga matinong kausap si VP Binay. Ito ay isang Letter of Appeal na galling sa legitimate HDMF member-home borrowers ng Xevera Mabalacat at Xevera Bacolor Township. Itong sulat pong ito ay ang paki usap ng mga kababayan nating Pilipino na naghihirap, naghihikahos at nangagarap lang naman na magkabahay na sarili. Ang gumawa po ng sulat na ito ay ang mga taong pinangakuan ni VP Binay na tutulungan ng PAGIBIG. Ito ang mga OFW na hirap na hirap na sa pagtratrabaho para magkabahay ang pamilya. Ito ang mga taong kinausap ni VP Binay upang idemanda ako at ang Globe Asiatique. Ang nakakalungkot po sa lahat , itong mga kababayan nating ito, ang mga taong nagtiwala kay VP Binay at sa PAGIBIG.

Isa nanaman po itong patunay na hindi tapat, hindi totoo at higit sa lahat hindi mapagkakatiwalaan si VP Binay. Kagaya lang po ito ng hamon ni VP Binay sa debate kay Trillanes na sya pa ang hindi dumalo, ang pangakong pagdalo sa senado na wala ring nangyari kasi hindi sya nagpunta, ang hindi nya maipaliwanag na tagong yaman at kung anu anu pa.

Hindi na po ako ang maglalahad at kayo na po ang humusga, Sana po ay mabasa ninyo upang malaman ninyo ang KATOTOHANAN.

October 10, 2014                                                                                                                               

                                                                                                                                                                 

ATTY. DARLENE BERBERABE

President/Chairman

Home Development Mutual Fund (HDMF)

                                                                                                                                                             

ATTENTION: VICE PRESIDENT JEJOMAR C. BINAY

Chairman, HUDCC

 

Cc: HDMF Board of Trustees

Re:         Letter of Appeal from legitimate HDMF member-home borrowers

                Xevera Mabalacat and Xevera Bacolor Township

Dear Atty. Berberabe:

                We the undersigned HDMF member-home borrowers representing more than 1,400 home borrowers and legitimate members of Pag-ibig Fund are seeking for your immediate attention concerning the true and current status of our housing loan in Xevera, Mabalacat and Bacolor Township projects that continues to be hounded with uncertainties and neglect over the past years.

                It has been more than four (4) years since you started the prosecution of the officers of Globe Asiatique Reality Holding Corp. (GA), the developer of both housing communities—and throughout the entire legal and extra-legal processes, we as legitimate member-borrowers and buyers in good faith have intently followed the entire process and legal issues involved in the alleged housing scam.

                Your agency’s approval of our housing loan application and the complete housing units including the ideal housing communities being offered to us by Globe Asiatique are more than enough guarantees that led us to acquire our dream homes in the two housing enclaves.

                Over the past years, the idea of the supposed double-sale of the housing units in Xevera projects, in actuality remains unproven as we have yet to see or experience any actual claimants in all our respective abodes.

                As legitimate members of the people’s fund we are currently burdened by the same agency that we have entrusted to provide us the benefit of owning a house we can call our own

                We are deeply troubled by your continued disregard of the decisions of court of justice, who have all directed you to specifically

  • Accept us as replacement buyers of the delinquent PAG-IBIG buyer/borrowers which you approved in the first place and referred to GA, release the titles of our members who are fully paid, and off-set the unpaid obligations of the delinquent PAG-IBIG buyers/borrowers with the money which GA has in the possession of HDMF (please refer to the attached Annex below).

We would also like to reiterate that we are not ghost buyers. And such allegations has never been proven especially to thousands of affected Fund member borrowers

                Your oft repeated claims that the reason why you are prosecuting the officers of GA is because you are protecting us legitimate member-borrowers—have turned out as a mere propaganda ploy.

                And in contrast, the titles of ownership of a number our fully paid members were quietly transferred in the same of HDMF resulting in the need for them to spend additionally and unnecessarily through a civil case against HDMF in Angeles RTC?

                Whenever we follow up the release of our titles, you’re (HDMF) standard answer is that GA has already sold our units to another sets of buyers and loaned to HDMF, suggesting a double sale.

                We have been living in our townhouses for more than 4 years already and there has not been a single instance where we have experienced what you claim as “another buyer” knocking on our doors to tell us that our property has also been sold to them.

                We are appealing to you good sense of responsibility, fairness and impartiality towards our predicament.

                The current Temporary Restraining Order issued by the Supreme Court against the decision of the Appellate Court’s decision favoring the legitimacy of Globe Asiatique’s legal claims should not in any way affect your decision to honor your agreements with us and the subject development company.

                Your favorable action on this matter will lead to the immediate resolution of our plight and help protect thousands of Pag-Ibig Fund member’s borrowers who will soon suffer the same fate as we are.

Very truly yours,

XEVERA (BACOLOR) HOMEOWNERS, ASSN.INC. (XBHOAI)                         XEVERA MABALACAT HOMEOWNERS, ASSN.INC. (XMHOIA)

                                                                                 

JOSE QUIAMBAO, JR.                                                                     ROLANDO SANTOS

President                                                                                            President

RAMON RECTO                                                                                 DANILO BAYANI

Vice-President                                                                                  Vice-President

MARINO BITUIN                                                                               ANNIE PADRIGA

Secretary                                                                                             Secretary

CONRADO CAGUIAT                                                                       DONNEL DIMARUCUT

Treasurer                                                                                            Treasurer

 HEIDI TUVERA                                                                          MAXIMO GULMAYO, JR.

Auditor                                                                                                 Auditor

 ANNEX:Reference documents               

To quote the self-explanatory and relevant portions of the Summary Judgment dated 30 January 2012 wherein it was found and ruled that HDMF is at fault:

“Based on the foregoing, the defendants’ refusal to honor the provisions of the MOA and FCAs relied upon by plaintiff is unjustified. Verily, defendants are the ones guilty of breach of the provisions of the MOA and FCAs. x x x Simply stated, the alleged spurious buyer-borrowers becomes inconsequential, immaterial and irrelevant as it is the one which approved their PAG-IBIG membership, approved their loan applications, and supposedly post-validated their eligibility for loans. Globe Asiatique, on the other hand, cannot be said to have breached any of the warranties provided in the FCAs because there warranties are now inexistent as per the provisions of the MOA because these warranties are premised on the supposed power of Globe Asiatique to approve the loan applications of the PAG-IBIG FUND buyer-borrowers, a power which has already been removed by the MOA.

WHEREFORE, premises considered, a Summary Judgment is hereby rendered declaring that:

  1. Plaintiffs have proven their case by preponderance of evidence. As such, they are entitled to specific performance and right to damages as prayed for in the Complaint, except that the exact amount of damages will have to be determined during trial proper.
  2. Pursuant to the provisions of their MOA amending the continuing FCAs and CSAs, defendant HDMF is hereby ordered to comply faithfully and religiously with its obligations under the said contracts, including but not limited to the release of loan take-out proceeds of those accounts whose Deed[s] of Assignment with Special Power of Attorney have already been annotated in the corresponding Transfer Certificate of Title covering the houses and lots purchased by the PAG-IBIG member-borrowers from plaintiff GARHC as well as the evaluation of the loans applications of those who underwent or will undergo plaintiff GARCH’s loan counseling and are qualified for PAG-IBIG FUND loans under the MOA and continuing FCAs and process the approval thereof only if qualified, under the Window 1 Facility as provided for in the MOA and continuing FCAs;
  3. The unilateral cancellation by defendant HDMF of the continuing FCAs specifically the latest FCAs of December 15, 2009, January 5 and March 17, 2010 and CSA dated 10 February 2009, is hereby SET ASIDE;
  4. Defendants are ordered to automatically off-set the balance of those listed in Annex “E“ of the Motion for Summary Judgment against the retention money, escrow money, funding commitment fees; loan take-out proceeds and other receivable of defendant HDMF;
  5. Defendants are ordered to accept the replacement-buyers listed in Annex “F” of the Motion for Summary Judgment, which list is unopposed by defendants, without interest or penalty from the time of defendant HDMF’s cancellation of the Collection Servicing Agreement (CSA) resulting to the refusal to accept the same up to the time that these replacement buyers are actually accepted by defendant HDMF;
  6. Defendants are ordered to release the corresponding Transfer Certificate of the  Title[s] (TCTs) of those accounts which are fully paid or subjected to automatic off-setting starting from the list in Annex “E” of the Motion for Summary Judgment and thereafter from those listed in Annex “F” thereof and cause the corresponding cancellation of the annotations in the titles thereof.
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