TO HLURB LEGAL SERVICES GROUP/MONITORING GRP: August 16, 2013 Engr. ALFREDO GIL TAN Housing and Land Use Regulatory Board Kalayaan Avenue, Cor. Mayaman St., Diliman, Quezon City 1101 Dear Engr. Tan: It has come to the attention of aggrieved buyers of Sunshine Garden II Condominium, located in Arayat cor. Cordillera St., Mandaluyong City, a project by developer Pan Asia International Sunshine Garden, Inc. that: 1. Kiksland Development Corporation, which has a co-venture agreement with David Cayetano who bought the disputed property location of Sunshine Garden II, has applied for a License to Sell (LTS) for the sale of condominium project they now call 558 Residences, which is factually one and the same condominium property as that of the ill-fated Sunshine Garden II. This application was filed August 12, 2013 (attached copy). 2. That this LTS application was filed on the very same day that Kiksland Development Corp. legal representatives Atty. Alejandro Rojo and another lawyer had a meeting with the aggrieved buyers as arranged by HLURB Monitoring. The subject of License to Sell was several times invoked in the meeting, with the buyers strongly affirming their conviction that Kiksland Development should not be engaging in the sale of the project to new set of buyers using whatever new name it may have given the disputed Sunshine Garden II, recognizing that this project had previous buyers already; that Pan Asia committed grave business malpractice and breach of trust to these buyers by mortgaging this property to Rural Bank of San Rafael (bought by Cayetano), a deed that is blatantly null and void. 3. The aggrieved buyers saw and saved copies of selling advertisements of 558 Residences on online marketing sites Sulit.Com, Ayos Dito and other sites (copy attached), prompting them to take another action to stop this unauthorized pre-selling activity of Kiksland Development Corporation. Upon conversation with a certain Ms. Claire Torres who claimed to be the Marketing Head of Kiksland, she told aggrieved buyer Mar Vega that they (Kiksland group) will already have their LTS next month (August or September 2013). 4. This fact alone of blatantly pre-selling this 558 Residences was not what the Kiksland lawyers told the buyers who accepted their statements in good faith, as what HLURB Monitoring Sir Balangue who moderated the meeting can attest to. First, in that August 12, 2013 meeting, the Kiksland attorneys told the aggrieved buyers they are not yet selling 558 Residences when the contrary is true, as proven by the fact that there are preselling ads promoting and selling the project appearing as early as August 1, 2013 or earlier (using the same marketing photos used in Sunshine Garden II Condominium flyers and brochures, only with a new name 558 Residences); and the fact that there is an organized marketing team already as proven by the person of Ms. Claire Torres. 5. The aggrieved buyers also obtained copy of the reply letter to HLURB dated August 5, 2013 by Kiksland Development Corp. through its lawyer Atty. Rojo asserting that they have no responsibility whatsoever to the former buyers of Sunshine Garden II, and that Kiksland Development Corp. and David Cayetano are two different entities, in effect saying that the aggrieved buyers should transact concerns with Pan Asia; and that issues with David Cayetano is separate from Kiksland. However, as Kiksland said itself, it has a “co-venture” with Cayetano, which does not exonerate themfrom the legal and ethical issues raised by the buyers in stopping the issuance of a License To Sell to a property still very much disputed by the buyers by virtue to their rightful claim of the money they paid to this project in good faith. As per the Joint Venture Agreement signed by these two parties in October 19, 2012, copy of which was obtained by the aggrieved buyers: Article II Recitals, particularly terms as per 2.04 and Article III Obligations of the Joint Venture are clear in stating the relationship between the two co-venture parties. As such, aggrieved buyers cannot recognize Kiksland Development Corporation’s positioning that it is a separate entity from David Cayetano, especially when the issue of Sunshine Garden II is concerned. 6. As asserted by the Kiksland lawyer during the Aug. 12, 2013 meeting with the buyers, they (Kiksland) have a business to do. To which aggrieved buyers fully understand, only do it in the rightful, appropriate manner without prejudice to the rights of previous buyers to have their hard-earned money paid for the units in this condominium project returned to them. The fact remains that this 555 Residences is one and the same property as that of Sunshine Garden II, and a formal claim and series of actions are actively being initiated and progressively pursued by the aggrieved buyers through proper and legal channels, as such an issuance of a LTS is wrongful. 7. That aggrieved buyers Ms. Myrna Solon and Mr. Mar Vega personally connected with HLURB via your good office, Sir, and shared what transpired as to following up the status of the License To Sell application of Kiksland Development Corp. They were told that as far as documentation is concerned, Kiksland has a complete application file. On this, we, aggrieved buyers of Sunshine Garden II, vehemently oppose any forward action that will entail granting of this License to Sell, thus: Through the many formal actions and documents of complaints lodged against Pan Asia Sunshine Garden, Inc. on the many violations it committed as per HLURB mandate concerning Sunshine Garden II, we humby forward that this License To Sell cannot be issued by virtue of merely the “completeness” of an application filed. Rather than the format, what should prevail in such actions and decisions sought is the essence and content, the legality surrounding the claims of the aggrieved buyers, claims that need to be addressed and which does not preclude the purchaser of the disputed property or any new developer of this ill-fated Sunshine Garden II project. 8. Lastly, on the attempt of Kiksland Development Corp. for Cayetano to be considered as a buyer in good faith, based from its letter seeking legal opinion from HLURB Commissioner, Atty. Luis Paredes dated March 5, 2013: We, aggrieved buyers, are united in our position that as purchaser of a property, it is their foremost responsibility to check and verify the good standing of that property, and exonerating themselves from liabilities that such investments or business carry with them cannot be recognized by citing “not having prior knowledge.” It defies logical business practice and does not go within acceptable business ethics to blatantly disregard the rightful, verifiable and concrete claims of groups or individuals, made in formal and legal channels, especially with citing “no prior knowledge,” as the legal tenet says, ignorance (ofthe law) excuses no one. In this regard, we, the aggrieved buyers of Sunshine Garden II Condominium is formally making our position against the issuance of this License To Sell to Kiksland Development Corporation, and fervently hope that HLURB as the official body mandated by the government and the law grants us this relief in the many struggles we are facing in seeking justice and facilitating our rightful claims to our hard-earned money paid lost to us. The same prayer we humbly invoke to God. Respectfully, Aggrieved Buyers of Sunshine Garden II Condominium (Pan-Asia – Kiksland Development Corp) _________________ _________________ _________________ _________________ ___________________ Attachments 1. Copy of Kiksland Pre-selling activities online 2. Copy of Joint Venture Agreement (David Cayetano and Kiksland Development Corp) 3. Copy of Kiksland Development Corp Application for License to Sell 4. Copy of Kiksland Atty. Rojo’s Letter to HLURB Com. Atty. Paredes seeking opinion on their being ‘buyer in good faith
Posted on: Fri, 16 Aug 2013 13:26:26 +0000
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