Housing and Land Use Regulatory Board(HLURB)

I would like to ask how many many days must a sheriff must hand down a decision for motion for writ of execution? W have our hearing against the officers of Bato Urban Homeowners Association, Inc. for our motion for writ of execution. The decision was handed down by Hon. Arbiter Balasolla on July 19, 2019 here in Davao City. Based on the decision, BUHOA officers will issue to me the title of my lot. Inspite of repeated demand letters to BUHOA President Robert Carajay, he just replied that the decision of Hon. Arbiter Balasolla is already invalid because during the monthly general assembly of

I would like to ask how many many days must a sheriff must hand down a decision for motion for writ of execution? W have our hearing against the officers of Bato Urban Homeowners Association, Inc. for our motion for writ of execution. The decision was handed down by Hon. Arbiter Balasolla on July 19, 2018 here in Davao City under HLURB (SMR) Case NO. HOA-011618-001. Based on the decision, BUHOA officers will issue to me the title of my lot. Inspite of repeated demand letters to BUHOA President Robert Carajay, he just replied that the decision of Hon. Arbiter Balasolla is already invalid because during the monthly general assembly of BUHOA in 2019, it was decided by majority of the members to issue a deed of conveyance instead of deed of sale which was in the decision of Arbiter Balasolla. When I told Mr. Robert Carajay that the water cannot rise above its source, he just smiled naughtily and said that the decision of Arbiter Balasolla is already invalid. Also, the officers decided to process the title of the 194 lots individually under the name of BUHOA, Inc. I protested on their plans and to exclude my lot from titling under the name of BUHOA, Inc. because there is already a decision by HLURB. However, They refused to heed my protest and continued with their plans of titling my lot. When I filed the motion for writ in September 2019, a hearing was scheduled on November 7, 2019. It was presided by Sheriff Morales. Present during this hearing were Mr. Robert Carajay, BUHOA President, Mr. Noel Telen, BUHOA VP, Mr. Joel Albania, Treasurer and Mrs. Biernescilda Sarong, BUHOA Secretary, myself and my wife, Ma. Ana Fano and my lawyer, Atty Francis de Vera.. At the start, the sheriff asked the respondents when they are going to issue my Deed of Sale, the respondents replied that I am the richest member of BUHOA which is not true. The sheriff told them that it was not in the order of Hon. Arbiter Balasolla. He asked them again when they are going to give the Deed of Sale. Again, the reply of the officers were way out of the question. Their answer was the same for almost ten times. The sheriff decided to have a second hearing on November 19, 2019. The BUHOA officers promised to give me my title on the 15th of December 2019. During this second hearing, only Mr. Joel Albania was present and he said that Mr. Robert Carajay and Mrs. Sarong were busy with their work, Mr. Noel Telen was not feeling well. When Sheriff Morales asked Mr. Albania about the Deed of Sale, he replied that BUHOA will only issue Deed of Conveyance. Since Mr. Albania cannot answer some of the questions, Sheriff Morales decided to terminate the hearing and promised to make the decision on December 11, 2019. However, no decision was made by Sheriff Morales up to this moment and the promise of BUHOA officers to give me my title on December 15, was not fulfilled. Its already January 2020 and no decision was handed down and no title was issued in my favor. Its more than 1 year and a half since the decision and I am afraid the BUHOA officers will really confiscate my lot. There are many members whose lots were confiscated and sold by these very officers without any notice. They are waiting for my case to be resolved before they will file a case against these officers. If this case is not resolved, these aggrieved members will not file a case because they are still in power. Justice will not be given to us. N.B. In my first letter, I erroneously wrote that the decision by Ho. Arbiter Balasolla was made of July 19, 2019. To correct, the decision was made on July 19, 2018.