Sunday, September 23, 2007

Just won a case

I just learned today I won for my client his case before the Supreme Court.
My client Danilo A. Dylanco sued a condominium developer ASB Devleoment Corp. and the mortgagee-bank, Metrobank before the Housing and Land Use Regulatory Board (HLURB) in 2004. My client Dylanco already fully paid for his condominium unit, but the developer failed to deliver the units to him. It failed to finish the condominium building. Worse, the developer mortgaged the building to Metrobank without informing my client and the HLURB.
The case went all the way up to the Supreme Court.
The high court issued a decision last September 14, 2007 in the consolidated cases of Metrobank versus SLDT Holdings Inc., Danilo A. Dylanco and ASB Development Corp. G.R. Nos. 185181-82.
The case is, of course not final and executory as the petitioner has fifteen days from receipt to file a motion for reconsdieration.
But the advent of technological advances allows us to be aware of the outcome of our cases through the internet (website of the supreme court www.supremecourt.gov.ph), before the hard, paper copies are received by the parties.

1 comment:

Rolly Cavan. dna5o4@yahoo.com said...

Mr. Editor,

Congratulations for successfully representing your client.

Consumer protection is very rarely practiced in our country. In real estate transactions, a relative had a first-hand experience of purchasing a piece of land, only to find out later that the developer/broker, sold the land to someone else prior.

In California, and eslewhere in the United States, a developer and broker may not put a property for sale until after a public report, containing verified ownership, existing hazards, geotechnical data or soils report and approved map recorded in the recorder's office, bears the approval of the Department of Real Estate.

However, nationals of foreign countries go to their native lands and sell properties located in the United States and victimize naive and innocent buyers - a situation where the victim is an accessory to the crime, for failure to assert their rights.

Developers with marginal capitalization use the scheme of preselling, which the Philippine government obviously permits.The practice provides the unethical brokers the opportunity to cheat, in order to obtain the needed revenue to fund their development and their lifstyle.