Republic of the Philippines

Office of the President

HOUSING AND LAND USE REGULATORY BOARD
EXPANDED NATIONAL CAPITAL REGION
Corner Kalayaan Avenue and Mayaman Street,
Diliman, Quezon City

RONNIE DELA CRUZ,

Complainant,

- versus - HLURB Case No. NCRHOA-513

CONSTANTINO TADIARCA, ET AL.,

Respondents.
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DECISION

For resolution before this Office is a complaint for prohibition and damages. The
complainant prays (in his Amended Verified Complaint filed on 12 November 2004) as follows:

“WHEREFORE, it is most respectfully prayed of this Honorable Board

that after hearing judgment be rendered in favor of plaintiff against defendants
jointly and severally ordering the latter to pay plaintiff Ronnie Dela Cruz as
follows;

“1. At the commencement of this action, a cease and desist order or temporary
restraining order be issued restraining each defendant from assuming their
respective posts based on their letter of May 8, 2004;

“-and in the interim prohibiting each defendant from issuing letters,

commands, orders, requests etc. in connection with their claimed election as
officers of the MCHA;

“1.1 To issue a temporary restraining order directing defendants or

representatives from conducting an election on November 21, 2004 at 34
Rose street Midtown Village Cainta Rizal (as amended November 21,
2004)

“2. Each defendant jointly and severally pay Ronnie Dela Cruz P100,000.00 each
representing exemplary damages;

“3. Each defendant jointly and severally pay Ronnie Dela Cruz P50,000.00 each
representing actual damages;

Decision HLURB Case No. NCRHOA-513 1

 “4. Each defendant jointly and severally pay Ronnie Dela Cruz P50,000.00 each
representing litigation expenses;

“5. To pay plaintiff P500,000.00 atty.’ Fees.

“6. Plus cost of litigation.”

On 16 November 2004 this Office issued an Order denying the complainants prayer for
the issuance of a temporary restraining order on the ground that the “complainant failed to show
that he has a clear and unmistakable right to be protected and that the acts sought to be restrained
are violative of that right.”

Complainant moved for the reconsideration of the 16 November 2004 Order. The motion
for reconsideration was not given due course by this Office for being a prohibited pleading under
the 2004 Rules of Procedure of the Housing and Land Use Regulatory Board.

The corporate records of the Midtown Cainta Homeowners Association, Inc. do not show
that an election was conducted on 21 November 2004. The election sought to be enjoined was
not held. The corporate records show that an election was conducted on 11 December 2004. The
non-holding of elections on 21 November 2004 and the conduct of elections on 11 December
2004 make the complaint moot.

On 16 February 2005 this Office issued an Order requiring the parties to submit their
respective verified position papers and draft decisions. The complainant did not comply with the
Order dated 16 February 2005, he did not submit any of the required pleadings.

We reiterate, the complainant failed to show that he has a clear and unmistakable right to
be protected and that the acts sought to be restrained are violative of that right, thus this
complaint for prohibition should be dismissed.

Wherefore, in view of the foregoing the instant complaint is dismissed.

It is so ordered.

Quezon City. 15 January 2006.

Marino Bernardo M. Torres

Housing and Land Use Arbiter

Approved:

JESSE A. OBLIGACION
Regional Director

Decision HLURB Case No. NCRHOA-513 2