The PARKPLACE VILLAGE

Issue No. 2022-05 BULLETIN MAY 2022

JAYR BATILES AS PVHAI PRESIDENT & OTHER DIRECTORS

ON HOLD-OVER CAPACITY

On February 24, 2022, a Decision was promulgated by the Human Settlements

Adjudication Commission (HSAC), the dispositive portion of which reads as follows:

“WHEREFORE, premises considered, the appeal is DENIED. The Decision dated 08

October 2021 of OIC Regional Adjudicator Joselito F. Melchor is hereby
AFFIRMED.”

The HSAC Rules of Procedure provides that such Decision shall be immediately executory.
Accordingly, on May 5, 2022, the Respondents moved for a Writ of Execution to execute the 08
October 2021 Decision particularly paragraphs 2 and 3 of the Decision that reads as follows:

2) ORDERING THE DHSUD-REGION IV-A-HOMEOWNERS ASSOCIATIONS AND

COMMUNITY DEVELOPMENT DIVISION to immediately call, conduct and supervise
the election of the members of the BOD of the Association strictly in accordance
with their By-laws; and,

3) ORDERING the Directors and Officers of the Association prior to the January 23,
2021 Special Election to function on hold over capacity until a new set of Officers
and Directors is elected and likewise, DIRECTING them to coordinate with the
DHSUD-REGION IV-A - HOMEOWNERS ASSOCIATIONS AND COMMUNITY
DEVELOPMENT DIVISION regarding the election of the members of the BOD of the
Association.

The affirmation of the HSAC 08 October 2021 Decision, pending the release of the
corresponding Writ of Execution, clearly declares Directors JayR Batiles as President, Rose Ann
Otic as Vice President, Carol Nino as Treasurer, Chilette Paracuelles as Secretary, and Millette
Mabutol as Director and to function on hold over capacity until a new set of Directors and
Officers is elected.

As previously reported, there was an illegal takeover of the PVHAI Office on October 27,
2021 and thereafter, the assumption of an illegal Board perpetuated by certain homeowners who
are now the respondents to cases of Injunction and Contempt filed by PVHAI with HSAC.

1
 Such illegal takeover was affirmed in a Resolution dated February 23, 2022 approved by
Imus City Prosecutor Rosa Elmina S. Catacutan-Villarin that the Cyber-Libel Case filed by Malou
So against PVHAI Directors Pinky Batiles, Rose Ann Otic, Carol Nino, Chilette Paracuelles and
Millette Mabutol, and former Assistant Village Manager, Toneth Aritao was dismissed for want
of probable cause, “justifying the interpretation of the respondents that the takeover of the
PVHAI Office on 27 October 2021 as ILLEGAL and the ingress thereto as FORCIBLE”.

On February 25, 2022, a Motion for Early Resolution of the Prayer for the Writ of
Preliminary Injunction and the Motion to Implead Atty. Patrick M. Legaspi as Respondent was
submitted to the HSAC. In this Motion, it was manifested that despite the hearings and filing of
the Memoranda with the HSAC, the respondents in this case still continue with their illegal
activities by illegally exercising the functions of directors and officers of PVHAI in violation of the
08 October 2021 Decision of HSAC.

NO VALID RULES UNDER AN ILLEGAL BOARD OF DIRECTORS

The so-called illegal directors and officers led by Atty. Patrick Legaspi continue performing
illegal activities such as disseminating false information about the incumbency of Directors
Batiles, Otic, Nino, Paracuelles and Mabutol pursuant to the 08 October 2021 HSAC Decision, the
conduct of election of the PVHAI Board, and the alleged status of PVHAI finances and water
supply, terminating valid contracts with Maynilad, grass cutting provider and security personnel,
and defrauding homeowners by advising them to deposit payments to unauthorized personal
bank and GCASH accounts and to an undocumented PVHAI bank account, among others.

On a letter dated May 18, 2022, Atty. Franco Paolo Lasam, PVHAI Legal Counsel, has
warned Robinsons Bank about an account opened under the name “The Parkplace Village” with
no valid documentation and used as depository bank for collection of association dues, water
bills and other payments to PVHAI.

Furthermore, these illegal directors and officers continue to operate under the name of
The New Parkplace Village which has no legal personality under Philippine laws. The illegal
directors and officers also implement unathorized rules and regulations such as the issuance of
car stickers with questionable rates, suspension of garbage collection of certain homeowners,
and possible illegal disconnection of water supply of the so-called delinquent accounts. It is to be
noted that the garbage collection is the responsibility of the Imus City Environment and Natural
Resources Office or CENRO and not of PVHAI.

It is supported by countless jurisprudence and laws that any persons with no legal
identity or personality or entity who have not been properly incorporated or authorized under
the law, have no authority to implement the rules and regulations of PVHAI.

2
 DEPOSIT TO OFFICIAL PVHAI BANK ACCOUNTS ONLY

Because of their undocumented existence, these illegal directors and officers are not
allowed to open any bank account in the name of PVHAI. Members who wish to update their
accounts are being asked to pay mostly in CASH, otherwise, checks were issued in the name of
Cipriana Josefina “Joy” B. Camero and Marc Nicole Tabanera, and not in the name of PVHAI. As a
matter of fact, Ms. So has posted in the OnePPV group chat an “OFFICIAL ANNOUNCEMENT”
encouraging collections or payments to be deposited to these accounts.

This is a direct violation of Section 48 (d), Implementing Rules and Regulations of RA 9904,
which states that, “the funds of the association shall be kept in accounts in the name of the
association and shall not be joined with the funds of any other association, or any person
responsible for the custody of such funds”.

Therefore, those PVHAI members are advised NEVER to deposit to these unauthorized
bank or GCash accounts, or to avoid paying in CASH, if possible.

Instead, please pay in check in the name of “The Parkplace Village Homeowners’
Association, Inc.” or deposit via online or directly to the following bank accounts:

• For association dues, water bills, car stickers and other payments, please
deposit to:

The Parkplace Village Homeowners’ Association, Inc.

BPI Anabu Branch, Imus City, Cavite
Current Account No. 000951-8890-67

• For construction bond payments, please deposit to:

The Parkplace Village Homeowners’ Association, Inc.

PSBANK Anabu Branch, Imus City, Cavite
Current Account No. 225330000239

Proof of payments such as validated bank deposit or transaction slips may be sent
electronically to the PVHAI official e-mail address at parkplacevillage@ymail.com, and to state
in the email the following: “Attention: Ms. Rose Ann L. Otic, PVHAI Vice President”, who
accordingly reports the same to Ms. Glenda Tabinga and/or Ms. Lai Parinasan, in order for the
corresponding PVHAI Official Receipts shall be issued.

It shall be noted that Ms. Tabinga and Ms. Parinasan continue to refuse to acknowledge
the payments made directly to the official PVHAI bank accounts resulting to corresponding
Statement of Account and water bill of members not being updated regularly. Ms. Tabinga and
Ms. Parinasan are being instructed by the supposedly Village Manager, Ms. Isabel Belino, one of
the respondents in the HSAC cases of PVHAI.

3
 The members are advised to keep their proofs of payments or deposits to the official
PVHAI bank accounts. All members who are updated in their accounts, especially those whose
deposits to the official PVHAI bank accounts that are not being acknowledged by the illegal
directors and officers charged in the HSAC cases, should not be prevented from enjoying the
village amenities or the steady supply of water or be denied entry or passage into the village
at any given time.

3 FORMER DIRECTORS WITH PERPETUAL DISQUALIFICATION

On a Complaint to the then Housing and Land Use Regulatory Board (HLURB) dated
October 11, 2019, PVHAI filed an Administrative Case against former Directors Adriano G.
Legaspi, Manuel R. Olimpo and John Edward R. Macapagal, and former employees Johrey Mae
Sabayton and Beverlie Quidaog for violation of provisions of RA No. 9904 or Magna Carta for
Homeowners and Homeowners’ Associations arising mainly from undeposited collections from
the homeowners’ payments of association dues, construction bond, contractors’ bonds, rental
fees, among others, in the amount of P1,670,213.60 from July 1, 2015 to December 31, 2015.

On March 31, 2022, HSAC Special Adjudicator Edhel P. Bautista-Luminate issued a

Decision with dispositive portion that reads as follows:

“WHEREFORE, judgment is hereby rendered as follows:

1. DECLARING perpetual disqualification of respondents ADRIANO

LEGASPI, MANUEL OLIMPO, JOHN EDWARD MACAPAGAL,
JOHREY MAE SABAYTON and BEVERLIE QUIDAOG from being
elected or appointed as member of the board, officer, or
employee of the association; and

2. DIRECTING respondents ADRIANO LEGASPI, MANUEL OLIMPO,

JOHN EDWARD MACAPAGAL, JOHREY MAE SABAYTON and
BEVERLIE QUIDAOG to pay to this Office P5,000.00 each as
administrative fine.”

TRANSITION TO MAYNILAD

Without a doubt, the transition to surface water supply remains to be the most viable and
reasonable decision. To make the centralized deep well water systems as an alternative source
of water supply is a practical step in utilizing the technology and services of a legitimate surface
water supplier available to Parkplace Village residents and at the same time, a responsible action
in terms of protecting the underground aquifers.

Again, the water system of the village is part of the amenities sold by EDC to its buyers.
Under P.D. 957, a water system is one of the mandatory facilities and infrastructures that a

4
developer has to build as part of the subdivision project. Indeed, in their ads or brochures, EDC
boasted that Parkplace Village has “centralized water distribution system with overhead water
tanks and deep wells”.

Accordingly, when EDC turned over the subdivision to PVHAI, it is implied that the water
system was also turned over to PVHAI. In fact, Section 9.4 of the Deed of Restrictions provided
by EDC states that “(u)pon the Village’s turnover to HOA, HOA shall conduct the affairs and
activities related to the proper operation, maintenance and regulation of the water and electrical
facilities, roads, landscaped parks and open spaces of the Village and the enforcement of the Deed
of Restrictions”.

Clearly, EDC does not own the Parkplace Village water system, and thus, it has no right to
assign and transfer the same to Aqua Centro or Manila Water. The water distribution system is a
non-saleable area or asset in Parkplace Village, and therefore, EDC’s sale of the same to Aqua
Centro is invalid and prohibited by law. Because of this crisis created by EDC, PVHAI has the right
and power under Section 10 (g) of R.A. 9904 to “(e)nsure the availability of quality water services
at a reasonable price and, at its option, administer and manage the waterworks system of the
subdivision”.

And in doing so, the PVHAI Board, by virtue of Section 11 (g) of R.A. 9904, shall have the
duty and responsibility to “(e)xercise such other powers as may be necessary and proper in
accordance with this Act and for the accomplishment of the purposes for which the association
was organized”. No amount of legal maneuvering or black propaganda from any entity or
personality can supersede the superior claim of PVHAI over the water systems inside the village.

Therefore, the Memorandum of Agreement with Maynilad on the installation of the

Maynilad-standard meters remain to be in force.

OTHER IMPORTANT MATTERS

As for the moment, all transactions regarding Maynilad, construction bond refunds,
among others, have been suspended pending the resolution of the Injunction and Contempt
cases filed against several homeowners who participated in the illegal takeover of the PVHAI
Office on October 27, 2021 and the assumption of an illegal Board of Directors. As soon as these
cases are resolved, an extensive fraud audit shall be conducted by a reputable firm of fraud
examiners after which the election of the new set of Directors and Officers shall follow.

As previously emphasized, PVHAI remains to be the legal owner and operator of the
centralized water distribution system inside Parkplace Village. However, while undergoing
transition to surface water supply, PVHAI shall not be allowed to increase the billing rates, and
any action to do so shall be deemed illegal and punishable under Philippine laws.

***The Parkplace Village Bulletin is an official publication of The Parkplace Village Homeowners’ Association, Inc. (PVHAI).
For comments or suggestions, please call (046) 4842107 or (046 )8754674 or write to parkplacevillage@ymail.com.