Republic of the Philippines

HOUSING AND LAND USE REGULATORY BOARD

Kalayaan Avenue, Diliman, Quezon City

___________________________________
___________________________________
Petitioners,

- versus - HLURB Case No. ___________

DONGGWANG CLARK CORPORATION,

Respondent.
x--------------------------------------------------x

PETITION

COME NOW, petitioner, by and through the undersigned counsel, and unto this
Honorable Office, by way of the instant Petition, most respectfully aver: That—

1. Petitioners are all investors to herein Respondent Donggwang Clark Corporation,

and they can be served with notices, summons, orders and subpoena from this
Honorable Office through the undersigned counsel at ______________________;

2. Donggwang Clark Corporation (respondent, for brevity), is a domestic

corporation and duly registered in accordance with the laws of the Republic of the
Philippines and with office address at Donggwang Clark Ode County, B/D, C.M. Recto
Highway, Clark Freeport Zone, Philippines, where it can be served with notices,
summons, orders and subpoena from this Honorable Office;

3. Sometimes in ___________, respondents offered to herein petitioner to invest

(long-term lease) on the properties they are developing. And considering that herein
petitioners are all foreigners, thus, they could not purchase the properties being
offered, thus, they came into term where petitioners will enter into a long-term lease on
the said property.

4. During the time that respondent offered to herein petitioners the said properties,
respondent promised that the moment that they will invest and sign the necessary
contract, they can provide the property within a period of ___ and of good quality. Copy
of the agreement entered into by the parties are hereto attached as Annexes ___, ___,
___, and be made as integral part hereof.

5. Thus, petitioners paid the amount being required and as agreed upon by the
parties. Photo copy of the receipt issued by the respondents as proof of accepting
payment to herein petitioners are hereto attached as Annexes __, __, __, ___, and be
made as integral part hereof.

6. Based on their agreement, respondent promised that it can deliver the property
within a period of ____ but up to date, respondent failed to deliver as promised. Worst
is, on several occasions, respondent made it appear to herein petitioners that the
property will be available on a particular date, but when complainants visits to
supposedly receive the property, respondent will again come up with ridiculous reasons.
For which reason, petitioners incurred additional expenses through their airfare.

7. Also, when the petitioners visited the property being offered for them for long-
term lease, petitioners discovered that the materials placed or used was sub-standards,
contrary to what was being promised to them.

8. Because of the said continuous failure of the respondent to comply with the
terms and conditions of their agreements, and worst is the fact that herein complainant
is no longer sure if the agreement will come into fruition, thus, this case.

9. Also, for reason of the respondent to make good of their agreement, as stated,
petitioners incurred additional expenses through their airfare and the anxiety they have
gone through because of the negligence of the respondent.

10. By reason of the foregoing, petitioners move that respondent be made to pay
the necessary damages in the form of actual, moral, exemplary damages and for their
licence be cancelled so as to preclude them from committing same acts and making the
same scheme to unsuspecting victims.

PRAYER

WHEREFORE, Premises considered, it is respectfully prayed of this Honorable

Office that after due notice and hearing, to ORDER the respondent:

a. To PAY the complainant the amount of Pesos: One Hundred Million

(P100,000,000.00) by way of Actual Damages;
b. To PAY the complainant the amount of Pesos: Ten Million (P10,000,000.00) by
way of Moral Damages;
c. To PAY the amount of Pesos: Ten Million (P10,000,000.00) by way of exemplary
damages; and,
d. ORDER the cancellation of the Licence of herein respondent.

OTHER RELIEFS, just and equitable under the premises are likewise prayed for.

RESPECTFULLY SUBMITTED.
Quezon City, January ___, 2019.

________________________
Counsel for the Complainants

VERIFICATION/CERTIFICATION
 

WE, __________________, _________________, _____________-, of

legal age, and a resident of ____________________________________, after having 
been duly sworn to in accordance with law, do hereby depose and states: That—
 
1.      We are the petitioners to the instant petition.
 
2.      We have caused the preparation of the foregoing Petition and we have read the
contents thereof and we attest that the same are true and correct based on our own
knowledge and as culled from the records.
 
3.      We further certify that we have not commenced any action or proceedings
involving the same issues in the Supreme Court, the Court of Appeals, or any other
Court, Tribunal or Agency and that, to the best of our knowledge, no such action or
proceedings is pending in the Supreme Court, the Court of Appeal, or any other Court,
Tribunal or Agency.
 
4.      If there is such other action or claim pending or may have terminated, we will
state the status thereof.  If we should thereafter learn that a similar action or
proceedings has been filed or is pending before the Supreme Court, Court of Appeals,
or any other Court, Tribunal or Agency, we undertake to report to this Honorable Court
the fact within five (5) days from such knowledge.
 
 
 
_____________
Affiant
 
 
            SUBSCRIBED AND SWORN to before me this ___th day of January 2019
at Quezon City, Philippines, affiants exhibiting to me their proof of identity
______________________. 
 
 NOTARY PUBLIC
Doc. No. ____;
Page No. ____;
Book No. ____;                                                                       
Series of 2019.

PETITIONERS OVER-ALL COMPLAINTS 1.

Substandard Quality of the Villas – tempered glass
windows and doors, painting, 2. Late Turn-Over
Date – Will be turned over after 3 months of signing
the contract. 3. Non-compliance with the plans of the
house 4. Leaking Roofs, and all over the Villa 5.
Misrepresentation of Sale 6. Non-rectification of the
Punch List 7. Left the Villa in a mess, no workers for
weeks/months. Leaving us with an unfinished Villa.
8. Inconvenience 9. Stress 10. Lack of Property
Management (maintenance of the development) 11.
Golf Membership Priority for Residents 12. Security
Issues Claims: 1. Compensation a. Give our money
back for not giving us the Villa property that they
sold us, according to acceptable standards and
specifications. We will just get our own contractor to
finish their job properly. b. Stress and Inconvenience
- c. Late Turn-Over Date – incurred us cost for: -
hotel accommodations - transportation (travel back
and fro) d. Damages and theft in the property
MISREPRESENTATION OF SALE 1. No OPEN
STAIRS made of steel and wood was delivered, but
a concrete stairs. 2. Not rectifying the punch list, as
agreed in the Compromise Agreement. 3.
Substandard Glass Windows and Sliding
Doors/Frames. 4. Leaks all over the Villa. 5. No
RIPRAP or retaining wall on the edge of our Villa. 6.
Perimeter Fence not properly done. 7.
Landscaping/leveling of the soil. 8. Steel Doors are
not working properly. 9. All bathrooms are a mess.
(Dirty stained tiles, uneven grouting, silicon and
sealant).