Order of the Commissioner

Bureau of Immigration
Criminal Case No. BSI-D.C. ADD 02-262
O.C. No. ADD-02-954 26-Sep-02

Court's Restraining Order 27-May-03

SEC Letter Request 24-Sep-13

Court Order 03-Aug-17

Court Order 29-May-18

SEC Letter Request 05-Mar-19

Court Order 10-Apr-19

Motion to Withdraw as Counsel 08-Nov-19

Court Order 03-Mar-20

Court Order 11-Aug-20

Charges made:
--- Over-staying in the Philippines
--- Gainful employment in the Philippines
--- Racial slur and discrimination

Decision of the Commission:

--- Criminal case is dismissed and the case is considered moot and academic
--- Cash bond is ordered withdrawn
Court issued a Temporary Restraining Order (TRO)

Defendants to stop/restrain from:

--- Using the subject property
--- Deprive the plaintiff its lawful possession
--- Sell/dispose the property

Summary hearing conducted on 29 May 2003

Registration status of B&D Resort Corporation

Warning of the imposition of legal sanctions

Warning of the imposition of legal sanctions since the case remained dormant since 2003
Testimony of the first witness for the plaintiffs since 2009 was not yet terminated
Manifestation of the parties not ready to for the continuation of the hearing
Warning of dismissal for the Petitioner's failure to prosecute the case for an unreasonable period of time
Registration status of B&D Resort Corporation
Warning for dismissal of the case for failure of the plaintiff to prosecute the case for an unreasonable length
of time as can be readily shown by the fact that the case has been filed on 21 May 2003
Plaintiff only presented its first witness on 24 November 2009 whose testimony is not yet even terminated
Motion to Withdraw as Counsel for the Defendant by Atty. Eduardo Banaag
Order of the court granting the Motion to withdraw as counsel filed by Atty. Banaag
Reset the continuation of the direction examination of Daniel Hinderyckx on 11 August 2020
Nobody present, including the Plaintiffs and the counsel
Subject to the legal sanction of dismissal for failure to prosecute the case
Death of the defendant Daniel Hinderyckx was substantiated by the Death Certificate on record
Complaint
Civil Case No. CEB-BAR-282
Injunction, Damages and Attorney's Fees
with Application for Preliminary
Mandatory and Prohibitory Injunction with
Restraining Order
B and D Resort Corporation vs. Asian
Belgian Corporation, Ricardo Villanueca,
Atty. Eduardo Banaag, Romulo Tabanao,
Daniel Hinderycks, John Does 21-May-03
Joris Igor Houwen and Norma Adriatico expressed their interest in owning a resthouse
in Moalboal
Defendant Daniel and girlfriend Martine agreed that they will take care of the
processing of the permits and licenses
Igor and Norma agreed that they will invest in the said diving business subject to the
fact that Daniel will manage the business and will receive compensation for such
Igor and Norma sent money for the acquisition of the lot (total amount 32,000.00
USD)
Lot containing an area of 2000 sqm (contract to Buy and Sell valued at P45,000.00)
B and D Resort Corporation was organized and formed with Norma as the Major
Stockholder
Deed of Sale was then executed with
Complaint 21-May-03

Civil Case No. CEB-BAR-282

Injunction, Damages and Attorney's
Fees with Application for Preliminary
Mandatory and Prohibitory
Injunction with Restraining Order
B and D Resort Corporation vs. Asian
Belgian Corporation, Ricardo
Villanueca, Atty. Eduardo Banaag,
Romulo Tabanao, Daniel Hinderycks,
John Does

Comment to the Exhibit-Injunction

Offered by the Plaintiff 23-Jun-03
Answer with Counterclaims 24-Jun-03
-        Joris Igor Houwen and Norma Adriatico expressed their interest in
owning a resthouse in Moalboal.
-        Defendant Daniel and girlfriend Martine agreed that they will take
care of the processing of the permits and licenses.

-        Igor and Norma agreed that they will invest in the said diving
business subject to the fact that Daniel will manage the business and will
receive compensation for such.

-        Igor and Norma sent money for the acquisition of the lot (total
amount 32,000.00 USD).
-        B and D Resort Corporation was organized and formed with Norma as
the Major Stockholder
Deed of Sale was then executed with buyer B and D and Sellers Heirs of
Valeriano Sadagnot. (Consideration of P900,000.00) for the Lot containing
an area of 2000 sqm
-        Atty. Banaag did not notarize the DOAS subject to the incorporation
and registration of B and D Corporation.
-        To expand the diving resort, Norma, through Daniel, negotiated for
the acquisition of the adjacent Lot 3321-B also frim the heirs of Valeriano
Sadagnot with an area containing 1,600 sqm.
-        Thus, a 2nd Contract to sell was executed by Daniel and the heirs of
Sadagnot.
-        On August 2001, Igor and Norma then handed another amount to
Daniel (P400,000.00) to allegedly defray additional improvements
-        But Norma requested SEC to hold in abeyance the processing of its
registration because unknown persons were included in the Articles of
incorporation who have not actually invested.
-        Thus, defendants hastily organized a new corporation “EURO DIVERS
RESORT CORPORTION” to operate the business of B and D. But its
approval was blocked by Norma.
-        Then, Atty. Banaag changed the name to Asian Belgian Resort
Corporation. Defendants then took over the management of the resort
and deprived B and D to operate the same.

Strong objection to the exhibits offered in support of the injunction for

being irrelevant as it does not establish direct and logical relation to the
ownershio of the Defendant
The probative value of the plaintiff's exhibit are all private in writing and
are questionable documents
No presumption of regularity of due and authentic executition
None of the foregoing docuemnts were notarized, thus, not public
documents
Even assuming without admitting that Daniel indeed used the 32,000 USD
amound in question, it does not defeat the fact that Asian Belgian has a
distinct and separate personality from the Defendants
Hearsay eveidences presented.
B and D acquires no valid existence and Margie Adriatico has never
become its lawful president due to the fact that the defendant withdrawn
his participation and the corporation lacked the required deposit in the
bank since the money was withdrawn by its treasurer in trust, Romulo
Tabanao.
The computation of the 32,000 USD is as follows:
23,000 USD - due to Daniel for installing laundry business in Belgium
4,200 USD - sent by a certain Heidi who stated in the resort for 1 month
and whom Daniel taught diving
1,000 - sent by a certain Herzig
2,000 to 4,000 - Sent via western union for the installment payment for
the 1,600 sqm property whom Igot and Norma bought in installments (for
their own resthouse)
The fact remains that Norma and Igor have no interest over the 2000 sqm
portion.
The diving resort, equipment and accessories all belong to A and B
B and D never acquired valid existence notwithstanding the SEC Certificate
of Incorporation dated 9 July 2002, owing to the fact that defendants
Daniel and Tabanao have long expressed their intention of not pursuing
the supposed B and D.
Tabanao, the treasurer-in-trust, withdrew the amount 137k from RCBC
Escario for the paid up capital of B and D
Heirs of Valerio Sadagnot never negotiated with B and D nor with Igor and
Norma