No 'sweet victory' for Tom Doyle even as HLURB orders a refund

No 'sweet victory' for Tom Doyle 
even as HLURB orders a refund

"Satisfaction lies in the effort, not in the attainment, full effort is full victory," MAHATMA GANDHI

By Alex P. Vidal

Victory appears to be "not sweet" for Thomas "Tom" Patrick Joseph Doyle and wife Mesalie even if the Housing and Land Use Regulatory Board (HLURB) has ordered IVQ Landholdings, Inc. to refund them the amount of P348,285 they paid as downpayment for the subdivision lot sold by the realty developer in 2011.
"The order says the refund should be made within 30 days from receipt thereof. It's not yet 30 days, but I don't think they will refund me," boomed Doyle, who went to the IVQ Landholdings, Inc. office on Mabini St. February 25 to claim his money. "Despite my age and physical deformity (he can't walk without a cane) they gave me a run around."
Because of the way he was treated by IVQ Landholdings, Inc. Doyle said he was contemplating on hauling the developer firm to court for damages. He wanted HLURB to penalize IVQ Landholdings, Inc. with interest of his money.  
IVQ Landholdings, Inc. refused to make a comment when contacted by this writer yesterday (February 25). This writer also went to IVQ Landholdings, Inc. last February 21 but was told by the secretary to leave a contact number. No representative from the IVQ Landholdings contacted this writer since February 21. A second attempt to get the side of the IVQ Landholdings, Inc. proved futile as the staff, who asked anew for this writer's contact number, did not make a return call as promised yesterday (February 25) afternoon. 

ORDER

In an order dated February 10, 2014 on the "manifestation and motion for the refund of downpayment" the Doyle couple filed last December 3, 2013, HLURB arbiter Melchor M. Calopez also declared as "cancelled or rescinded" the contract to sell signed between the Doyle couple and IVQ Landholdings, Inc., represented by its president, Ian Eric Pama and vice president Joel M. Nermal, dated November 27, 2012.
"Accordingly, the herein respondent is hereby ordered to refund to the complainant, within thirty (30) days from receipt thereof, the amount of P348,285.00 without interest. It is so ordered," stated Calopez's order.
The Dolye couple filed the manifestation and motion after HLURB earlier ordered them to apply for a loan to pay IVQ Landholdings, Inc. the total balance of P1,393,140 for the subdivision lot known as Block 4, Lot 7 of Princedale Residences located at Yulo St., Arevalo district, Iloilo City.

LOAN

The couple argued Doyle's loan applications with three commercial banks: The Bank of Philippine Islands (BPI), Banco de Oro, and Metrobank have been denied because he is an alien and already 76 years old, and his wife is unemployed and has no means of income and lacks capacity to pay.
HLURB gave credence to the Doyle couple's assertion.
Calopez's order stated that IVQ Landholdings, Inc. "knew from the very start" that Doyle is an alien and already 76 years old at the time he was enticed to purchase the subdivision lot.
"That respondent IVQ also assured complainants that they could avail of a loan with Valiant Bank, a sister company of IVQ, however, their loan application was also turned down by the said bank;
"That had it not for the assurances of respondent's sales agents and its Vice President, Mr. Joel M. Nermal, complainants did not enter into contract to sell and paid a downpayment amounting to P348,285.00;

COMPEL

"That in view of the foregoing, respondent IVQ cannot therefore compel the complainants to continue with the contract to sell and pay the remaining balance of the purchase price considering that they could not avail of a loan from any bank or financial institution, hence the contract to sell should rather be rescinded and respondent be ordered to refund the total downpayments plus interest," read part of Calopez's order.
Calopez's order pointed out that the Doyle couple "have tried to comply with the decision of the (HLURB) Regional Office (to apply for a loan to cover the remaining amount of the subdivision lot), however, they were not able to do so because they are not qualified borrowers."
Calopez's order further explained: "This circumstance was made known only after the decision has been rendered. To rule that they are no longer entitled to refund of their downpayment will be unjustly depriving them of their money though no fault on their part.
"Based on equitable ground, and after determining that the complainants cannot possibly comply with the terms and conditions of the contract to sell, the contract to sell dated November 27, 2012 should be rescinded, and the respondent should return the amount of P348,285.00 without interest."