Good morning Director Tan I enclose the following link, a link to a page in relation to Cambridge Village. ph.shop.88db/empireeastmegance/Cambridgevillage This again is a website that promotes this Project, whilst the Project has no advertizement approval, and no License to Sell. In fact it serves to promote many other Projects too. Again, this page contains information that is misleading, no more so that using the "site plan" from the developers unauthorized brochure. Your Development Permit approvals sir, see this "plan" as advertized, not what is being developed. We have already presented proof of that. Director for Sales 2 NCE Division, Nenita C. Estranero is in violation of Section 5 of PD957 as selling without there being a License to Sell. She is also in violation of Section 19 of PD957, advertizing without approval. Further, she is advertizing this Project, contrary to your plan approvals. So sir, are HLURB going to hold her and her company accountable to Section 19 of PD957 and enforce a sales warranty? She is also in violation of the conditions of issuance of the Development Permits that you issued on the 11th February 2013. A Development Permit, is no License to Sell. In fact sir, with the "construction update" we can see information supplied relates to January 2013, this is a current and working website. I enclose a link for the same site, which is the "computation" for Empire East Proijects, Central Park at Cambridge Village is included, as well as other Projects I have seen "Cease and Desist Orders" issued for, these being: Pioneer Woodlands Kasara Manhattan Garden City ph.shop.88db/empireeastmegance/computation Sir, you have in the past informed me that, I quote "Lastly, the imposition of fine serves as a deterrent to developers to perform such pre-selling activities. However, we will not just stop there, we will continue to perform the duties and responsibilities as mandated for by law and protect the buyers for unscrupulous developers even with the limited man-power and resources available to us." Those are your words sir, and again I furnish you with information on unauthorized advertizing and selling. There are no excuses for "limited man power" and "resources". It is I that furnish you with the information, I cannot rely on you or HLURB to do anything. As the saying goes sir "use it or lose it". If HLURB is working in the interests of the buying public then you must be seen to uphold the provisions of the law, there are no exemptions. I again quote from you sir "As per record, Cambridge has been issued CR/LS to 715 units on January 16, 2004, ROCHESTER has been issued Certificate of Registration and License to Sell (CR/LS) on July 27, 2012 and KASARA is applying for CR/LS on May 17, 2012. Further, Empire East is trying to comply with all the requirements with our Licensing Unit for the rest of their projects." Sir, trying to comply is not good enough, not when the developer is in violation of the law by still advertizing and selling. You fed me utter rubbish sir. The CR/LTS for Cambridge issued 16 January 2004, is for just a total of 715 units for Phase 1 of the Project, not 5, 311 units for all Phases of the Project. You, sir allow the selling and advertizing of this Project contrary to law, rules, regulations, Orders and procedures. The Rochester was being pre-sold before issuance of a License to Sell,..... very easily proven, and if need be, I can prove it. The Kasara you inform me sees the developer applying for a CR/LTS on 17th May 2012, but was already under Cease and Desist Orders. It was pre-selling before the CDO, it still pre-selling now, without a License to Sell! So sir, I ask what action is HLURB going to take to protect the buying public, and uphold the laws, rules, regulations and procedures that should have served to protect us all? In recent communication with an Empire East representative I was informed that they had learned from this Project, Cambridge Village. With their new Project, they would do things differently. What is the "new Project"? Well it is Pioneer Woodlands, which is under a Cease and Desist Order. So it seems very little has changed, the bull...t level just goes higher. If you are working in the interests of unit buyers sir, then you would have taken on board my complaints and criticisms. Instead I am witness to you and HLURB allowing developers to remain in constant violation of laws, rules and regulations, leaving unit buyers as prey to these unscrupulous developers. Sir, unit buyers, once they have bought into these unauthorized Projects, are lulled into signing into Contracts to Buy and Sell, then forced to take legal action to seek recompense and refunds when they find issues with their Projects and units. It would seem it is a deliberate ploy by HLURB to not enforce laws, rules, regulations and procedures, thus putting the onus on unit buyers to try and uphold the provisions of law. A law that you willingly and knowingly will not enforce. Sir, it is not my mandate, my function, or my duty to uphold the laws of this land in relation to land development, it is your responsibility. So when will we see HLURB take action against this developer? Your words again sir, from your CDO issued 18th January 2012, "Non compliance with this ORDER within the prescribed periods shall cause this Office to immediately issue the corresponding WRIT OF EXECUTION subject to the imposition of further appropriate administrative sanctions as may be warranted under existing laws including, but not limited to, closure of your marketing and sales offices, black listing, and the filing of criminal case for violation of Presidential Decree No. 957." The developer is proven to be still in violation of such Order sir, and you have done nothing to uphold or protect the provisions of PD957. Sir, how can you protect the buying public, if you will not uphold the law? I again, ask for revocation of all Licenses and Permits for this Project, unitl the developer is seen to be complaint with law, and HLURB Orders. Yours sincerely Keith Watkins
Posted on: Wed, 19 Jun 2013 02:11:20 +0000
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