Republic of the Philippines Office of the President HUMAN SETTLEMENTS ADJUDICATION COMMISSION EXPANDED NATIONAL CAPITAL REGION FIELD OFFICE Quezon City BROOKSIDE RESIDENT Si SNE ) ASSOCIATION, INC. a MELANIO DEL CASTILLO, Navona Geotal Regn MANUEL DE DIOS, FRORMtssonce-ary MARI, ALICIA VILLARAMA, eH DANILO NGO, RODEN SISACNCR p 10- 0097 ARELLANO, ROSE . ee FRANCIS CRUZ, ARMAN-ROY,———— #/Ting SAMUEL PAPNA, ADELFA HSAC Case Noo ESPINAS, JOJIT NGO, JULIA GEVERA, AGNES AGURO, For: Implementation of LODINA PALOMAR, VICTOR . the Adjudicatory GUERRERO, LUDOVICO Mechanism in the RIVERA SR., MARIO Registration of RAPACON, RENE ADVINCULA, Association ROMEO TAYTAYON, HELEN SOLANO, MYLINE LIBRE CLEMENTE, LAURO ABAD AMBROCIO, EMELITA PAREDES, Complainants, -versus- BROOKSIDE HILLS ANTIPOLO HOMEOWNERS ASSOCIATION, INC.(“BAHAI”), ‘ Respondent. x “xX COMPLAINT Complainants, Brookside Residents Association, Inc., Melanio del Castillo, Manuel de Dios, Flora Mari, Alicia Villarama, Danilo Ngo, Rodolfo Arellano, Rose Della, Francis Cruz, Arman Roy, Samuel Papna, Adelfa Espinas, Jojit Ngo, Julia Gevera, Agnes Aguro, Lodina Palomar, |Victor Guerrero, Ludovico Rivera Jr., Mario Rapacon, Rene Advincula, Romeo Taytayon, Helen Solano, Myline Libre Clemente, Lauro Abad Ambrocio, and Emelita Paredes, by counsel, respectfully state: I PREFATORY STATEMENT 1. There is an apparent redundancy of homeowners’ associations in Area 15 of Brookside Hills Subdivision ("Brookside"). This redundancy is between Complainant Brookside Residents Association, Inc. (“BRAI’) and Respondent Brookside Hills Antipolo Homeowners Association, » Inc. (BAHAI). The former was registered first, in 2005, whereas the latter was only registered this year. Despite the prior existence of Complainant BRAI, which existence must have been known to Respondent BAHAI and its organizers, they still saw it fit to seek. registration and recognition as a homeowners’ association. As a result, both Complainant BRAI and Respondent BAHAI presently vie for status as the legitimate and duly recognized homeowners’ association in Area 15 of Brookside. Accordingly, Complainant BRAI is Genstrained to invoke Section 4 of Republic Act No. 9904 (‘RA 9904"), otherwise known as the Magna Carta Of Homeowners and Homeowners’ Associations, as well as Sections 20 and 26 of its Implementing Rules and Regulations, and seeks the assistance of this Honorable Office in’ resolving the redundancy of the homeowners’ associations present in Area 15 of Brookside. I PARTIES 2, Complainants are all of legal age, with citizenships and residences as follows: [ Name Citizenship | Residential Address Melanio del Filipino 1569 Burbank St. Castillo (Area 11) Manuel de Dios Filipino 2651 Concord St. | (Area 1) Flora Mari Filipino 998 Baltimore St. L (Area 7) | Alicia Villarama | Filipino 217 Canton St L (Area 7) |i Danilo Ngo Filipino | 18 Darwin St. (Area 15) Rodolfo Arellano | Filipino | (Area 15) Michael Della Filipino Lot 1 Block 2 Dely St. & Rosemarie Della (Area 15) Adelfa Espinas Filipino | Lot 10 Block 6 Duluth St. (Area 15) Arman J. Roy Filipino 2252 Dely St. (Area 15) Francis Cruz Filipino | Block 2 Lot 5 Denver St | (Area 15) Ey | Samuel P. Papna |” Filipino [Lot 19 Block 5 Dakota St | (Area 15) Jojit Ngo Filipino Block 4 Lot 2 Dely St, (Area 15) Danilo D. Ngo Filipino Block 4 Lot 2 Dely St. (Area 15) Julia M. Gevera Filipino 2181 Dely St. (Area 15) | Agnes C. Aguro Filipino 112-150 Convento St. (Area 15) Lodina C. Palomar | Filipino 8 Convento St. (Area 15) Victor L. Guerrero |” Filipino 2208 Dely St. | (Area 15) Ludovico Rivera, Filipino Convento St. a] Jr. (Area 15) Mario Rapacon Filipino Block 1 Lot 2 Convento | St. L | (Area 15) Rene Advincula Filipino Denver St. (Area 15) Romeo Taytayon | Filipino 112-119 Convento St. | | ___(Area 15) ir Helen S. Solano Filipino Block 2 Lot 4 St. Martin | de Porres St. ae eee | (Area lS) Lauro Abad Filipino | Lot 1 Block 5 St, Martin Ambrocio | de Porres St. | _ (Area 15) | Myline Libre Filipino | St. Martin de Porres St ____ Clemente (Area 15) | Emelita m. Filipino | Block 3 Lot 5 Duluth St.) Paredes2.1.The complainant association, Brookside Residents Association, Inc., is the duly recognized and registered homeowners’ association in Brookside, a private residential community located along the stretch of Ortigas Avenue Extension, and spanning the Municipality of Cainta and City of Antipolo, both in the Province of Rizal. 2.2. Individual Complainants Melanio del Castillo, Manuel de Dios, Flora Mari, and Alicia Villarama are the incumbent President, Vice-President for Internal Affairs, Vice-President for External Affairs, and Treasurer of Complainant BRAI. They are all residents of Brookside. 2.3, Individual Complainant Danilo Ngo is the Area Trustee for Area 15, while Individual Complainants Rodolfo Arellano, Rose Della, Francis Cruz, Arman Roy, Samuel Papna, Adelfa Espinas, Jojit Ngo, Julia Gevera, Agnes Aguro, Lodina Palomar, Victor Guerrero, Ludovico Rivera Jr., Mario Rapacon, Rene Advincula, Romeo Taytayon, Helen Solano, Myline Libre Clemente, Lauro Abad Ambrocio, and Emelita Paredes are his constituents in Area 15. They are all residents of Area 15, and members of Complainant BRAI. 2.4. All complainants may be served with orders and other processes of this Honorable Office through undersigned counsel. 3. Respondent Brookside Hills Antipolo Homeowners Association, Inc. is a redundant homeowners’ association organized within Brookside. BAHAI is alleged to have been organized and existing under the laws of the Philippines, with its principal address at BAHAI Office, Dely Street, Brookside Hills Subdivision, Barangay Muntingdilaw, Antipolo City, where it may be served with summions and other processes of this Honorable Office. 0 STATEMENT OF FACTS 4. Brookside is a private residential community located along the stretch of Ortigas Avenue Extension, and spanning the Municipality of Cainta and the City of Antipolo, both in the Province of Rizal. Brookside was developed by St. Louis Realty Corporation. Its territory covers a huge land area, exceeding 4thirty-five (35) hectares, and is subdivided into fifteen (15) subsections or sub-areas, aptly designated as Areas 1 through 15. S. Areas 1 through 14 of Brookside are located within the territory of the Municipality of Cainta, specifically Barangays San Juan and San Isidro, while Area 15, though adjacent to Areas 12 and 13, is considered to be part of Barangay Muntingdilaw, which is within the territory of Antipolo City. This is only relevant with respect to matters involving the respective local government units of Cainta and Antipolo City. Insofar as everyone is concerned — that includes the residents and homeowners of Area 15, as well as all other residents and homeowners of’ Brookside, and also Complainant BRAI and its individual members — Area 15 has always been a part of Brookside. Rightfully so, since its residents and homeowners share common. concerns and interests with the rest of the other residents and homeowners of Brookside from Areas 1 through 14. 6. Complainant BRAI is the duly recognized and actively functioning homeowners’ association within the entirety of Brookside, including Area 15. Its members registered the association with this Honorable Office on 27 September 2005.! Prior thereto, Complainant BRAI had existed as a corporate entity duly registered with the Securities and Exchange Commission (“SEC”). The original homeowner ~ members of Complainant BRAI founded the association in 1998.2 7. Respondent BAHAI, on the other hand, was only registered this year, and only enjoys provisional approval by this Honorable Office, under a Provisional | certificate of incorporation with COI No. NCR-2020-021 dated 04 February 2020. Despite the prior existence of Complainant BAHAI, Which is the duly registered and actively functioning homeowners’ association in Area 15, the organizers and Proponents of Respondent BAHAI still had the audacity to belatedly register their association, and then claim that the same is the homeowners’ association recognized and favored by the residents and homeowners of Area 15. Armed with its A copy of Complainant BRAl's attached hereto as Annex “A” Ecpbies of Complainant BRAI's Certificate of Registration with| the Securities and sgenange Commission and Bureau of internal Revenue are attached hercee as Annexes “B” and “B-1", respectively. A copy of Respondent BAHAl's Provisional Ge1 Honorable Office is attached hereto as Annex “C” Certificate of Registration with thig Honorable Office is tificate of Registration with this 5 |provisional certificate of registration, Resporjdent BAHAI arrogantly claims to be the only duly registered homeowners’ association in Area 15 of Brookside. 8. Shortly after it received its Respondent BAHAI begun exercising the privileges and authorities of a homeowners’ association, which privileges and authorities coincide with those likewise exercised by Complainant BRAI, thereby sowing confusion and division in the Area 15 community. Respondent BAHAI commenced the collection of association dues, installed security checkpoints, changed the orientation of perimeter fences, introduced themselves to the residents as the legitimate homeowners’ association, etc. As a result, there is now heightened tension in th¢ area due to Respondent BAHAI’s challenge of Complainant BRAI’s status as the duly recognized and registered, and actively functioning homeowners’ association in Area 15.5 9 Respondent BAHAI insists that the territory it lays claim on, Area 15, is separate from the rest of Brookside, and that the constituency of Complainant BRAI only covers the portion of Brookside which is considered part of the Municipality of Cainta, or in other words, Areas 1 through 14, and thus excludes the residents and homeowners of Area 15, which subsection of Brookside is considered as within Antipolo City. 10. On 19 February 2020, Complainant BRAI, through its incumbent President, Individual Complainant Melanio del Castillo, submitted a Letter to Atty. Norman Jacinto P. Doral, Regional Director of the Department of Human Settlements and Urban Development of this Honorable Office, to formally report the redundancy of homeowners’ associations in Brookside. 11. To date, Respondent BAHAI continuds to assert its presence and expand its influence in Area 15. It continues to demand association dues from Area 15 residents, and maintains security checkpoints in Area 15. Even worse, ‘These facts and circumstances were testified on and corroborated by several residents and homeowners of Area 15, namely, Individual Complainants Rodolfo Arellano, Rose Della, Francis Cruz, Arman Roy, Samuel Papna, Adelfa Espinas, Jojit Ngo, Julia Gevera, Agnes Aguro, Lodina Palomar, Victor Guerrero, Ludovico Rivera Jr., Mario Rapacon, Rene Advincula, Romeo Taytayon, Helen Solano, Myline Libre Clemente, Lauro Abad Ambrocio, and Emelita Paredes, in their individual sworn statements, copies of which are attached hereto as Annex “D-series” 5 bid. © A copy of the Letter dated 19 February 2020 bearing the stamped receipt of th Honorable Office is hereto attached as Annex “E”. pee » ms 6Respondent BAHAI harasses Area 15 residents and homeowners who defy its authority, or otherwise question its status as the legitimate homeowners’ association in Area 15. Complainant BRAI has been receiving several complaints and pleas for assistance from the distressed residents and homeowners of Area 15 12. Hence, the instant Complaint. Tl CAUSE OF ACTION CONSIDERING THAT THERE ARE TWO HOMEOWNERS’ ASSOCIATIONS COMPETING FOR RECOGNITION WITHIN AREA 15 OF BROOKSIDE HILLS SUBDIVISION, COMPLAINANT BRAI SEEKS THE ASSISTANCE OF THIS HONORABLE OFFICE IN CHOOSING AND REGISTERING ONLY ONE ASSOCIATION IN ACCORDANCE WITH THE CRITERIA AND PROTOCOL SET FORTH IN THE MAGNA CARTA FOR HOMEOWNERS AND HOMEOWNERS’ ASSOCIATIONS AND ITS IMPLEMENTING RULES AND REGULATIONS, Iv DISCUSSION 13. The foregoing statement of facts and allegations are repleaded herein by reference. 14. In situations where there are two or more homeowners’ associations which have been organized and are seeking recognition within the same subdivision or village, this Honorable Office shall choose and register only one association in accordance with the criteria and protocol set forth in RA 9904, as well as its Implementing Rules and Regulations. Specifically, when there is a redundancy of homeowners’ associations in a subdivision or village, this ee ” Supra, see note 5:Honorable Office and all other concerned parties shall be guided by Section 4 of RA 9904, which reads as follows: “Section _4. Registration with the HLURB. ~ Every as! or by any other general law The procedure for registration shall be spécifically provided for in the implementing rules and regulations to be promulgated by the HLURB pursuant to Section 28 of this Act. Such procedure shall_provide for an adjudicatory mechanism that will be observed in the event there is a dispute involving two (2) or more associations established within the same subdivision /village| community/area, or housin; roject _seekin: registration. In resolving this type of dispute. the HLURB shall take into account the date each the HLURB shall take into account the date each association was legally established, the date of submission of its application for registration, the number of members, and other similar factors. number of members, and other similar factors. The existence of associations previously registered with the Home Insurance Guarantee Corporation or the SEC shall be respected, and the said associations shall not be charged a penalty when they register with the HLURB after this Act takes effect.” (emphasis and underscoring supplied) 15. Pursuant to the motion in the event that there particularly Sections 20 and 26 thereof, which provide: “Section 20. Number of Associations. 8 ciation of homeowners shall be required to register with the HLURB. This registration shall serve to grant juridical personality to all such associations that have not previously acquired the same by operation of the General Corporation Law above-quoted provision, this Honorable Office shall set an adjudicatory mechanism in exists a redundant homeowners’ association in a subdivision or village. In respect of this adjudicatory mechanism, the same is mentioned and threshed out in the Implementing Rules and Regulations of RA 9904, ~ As far as racticable, only one (1) homeowners association shall be established and registered with HLURBHonorable Office with the redundancy of the homeown subdivision or village in_each subdivision, except in cases where the subdivision consists of two (2) or more phases. In case two (2) or more associations are registered or applying for registration within the same subdivision, the HLURB shall decide which association shall be registered after the rocedures for _adjudicato: mechanism as provided in this Rules are observed. XXX Section 26. Adjudicatory Mechanism in the Registration of Association. ~ In case two or more associations are organized ‘within the same subdivision /village and both applied for registration with HLURB in accordance with this Rules, the HLURB shall register only one association in accordance with the following procedures: a. The association which submitted first_its registration papers and com: lied with all the requirements of the HLURB shall be registered; b. In case there are two (2) associations registered with the SEC or HIGC, then the association which was registered earlier shall be recognized; and, c. In case one (1) of-the associations is registered with the SEC and the other with the HLURB, the one earlier registered shall revail and the registration of the other shall be revoked, provided the requirements under Section 24 are submitted within a period of one (1) year of the effectivity of unis Rules. Nothing in this Rules shall prevent the HLURB from taking into consideration other factors in determining whose association shall be registered and recognized.” (emphases and underscoring supplied) 16. The fore; going provisions undoubtedly task this responsibility of resolving a ‘ers’ associations | present in a {17. As applied in this case, there is clearly a redundancy of homeowners’ associations in Area 15 of Brookside. This redundancy is between Complainant BRAl and Respondent BAHAI. The former was registered first, and it is the duly recognized and actively functioning homeowners’ association, not only in Area 15, but in Brookside entirely Meanwhile, the latter only applied for registration in November 2019, and was only granted provisional authority in February 2020. Notwithstanding the prior existence of Complainant BRAI, which existence must have been known to Respondent BAHAI and its organizers, they still saw it fit to seck registration and recognition as a homeowners’ association, As a result, both Complainant BRAI and Respondent BAHAI presently vie for status as the legitimate and duly recognized homeowners’ association in Area 15 of Brookside. Accordingly, Complainant BRAI is constrained to invoke Section 4 of RA 9904, as well as Sections 20 and 26 of the Implementing Rules and Regulations of RA 9904, and seeks the assistance of this Honorable Office in resolving the redundancy of the homeowners’ associations present in Area 15 of Brookside, 18. Insofar as Complainant BRAI and the rest of the Individual Complainants are concerned, there is already an existing and actively functioning homeowners’ association in Area 15 of Brookside, or in Brookside for that matter, and this is in the person of Complainant BRAI. Such being the case, there is neither need nor room for a second homeowners’ association to apply for registration and be recognized. Respondent BAHAI, inevitably, must be considered as a redundant homeowners’ association. 19. It must be noted that, under the above-cited Provisions of law and regulations, in the event that two or more homeowners’ associations have been organized and are Seeking recognition within the same subdivision, this Honorable Office is duty-bound to choose and register only one association in accordance with the criteria and protocol set forth in its Implementing Rules. A. Area 15 has always been regarded as a part of Brookside Hills Subdivision by: (a) the residents and homeowners of Area 15; (b) the Complainant BRAI as an association, as well 10ie ne as its individual members; and even (c) the local government officials in Barangay Muntingdilaw and Antipolo City. 20. Area 15 has always been regarded as a part of Brookside by everyone, but most importantly by the residents and homeowners of Area 15, the Complainant BRAI as a homeowners’ association, as well as its individual members,’ and even by the local government officials in Barangay Muntingdilaw and Antipolo City. 21. Albeit that Area 15 is considered as part of Antipolo City, while the rest of Brookside is within the territory of the Municipality of Cainta, the residents of Area 15 have consistently and continuously regarded their “area” or sub- territory as part of Brookside, and they have always considered themselves as residents of Brookside.? Area 15 residents executed affidavits, in fact, to clarify their disposition on this particular matter.1° 22. Especially noteworthy among these affidavits are the sworn statements of Individual Complainants Victor L. Guerrero (‘Guerrero”)!!_ and Ludovico Rivera, Jr. (‘Rivera”),.? who both have been living in Area 15 of Brookside for more than thirty (30) years. Individual Complainant Guerrero and his family moved to their residence in Area 15 of Brookside in 1984, while Individual Complainant Rivera and his family did the same a year earlier, in 1983. Both Individual Complainants indicated under oath that: “XXX KXX XXX | | (2) Buhat nang nagsimula kaming mbnirahan sa Brookside, hanggang sa kasalukuyan, itinurin, ko ang aking sarili bilang kasapi ng Brookside Residents Association, Inc. (“BRAI”). Naging rehistradong miyembro ako ng BRAI noong 1984. Ipinapamalas ko ang aking pagiging miyembro at 8 Supra, see note 5 ° Bid 2 Ibid, A copy of Individual Complainant Victor L. Gi Annex “D-1” 2 A copy of Individual Complainant Ludovico Rivera's Affidavit is hereto attached as Annex “D2”. lucrrero’s Affidavit i$ hereto attached as 4— ang aking pakikiisa sa BRAI sa pamamagitan ng: (a) pagboto sa halalan ng mga opisyal at area trustees; (b) pagdalo sa pagpupulong ng mga miyembro; (c) pakikilahok sa iba pang proyekto ng BRAI; (d) pagsunod sa mga alituntunin ng BRAI, at sa (e) palagiang pagbabayad ng aking association dues. (3) Nitong kamakailan ay nagulat ako nang aking malaman na may isa pang homeowners’ association na nagpapakilala sa aming mga residente ng Area 15, Brookside. Ito ang Brookside Hills Antipolo Homeowners Association, Inc. (‘BAHAP’). Iginigiit ng mga opisyal at miyembro ng BAHAI na ang Area 15, o ang bahagi ng Brookside na nasasakupan ng Lungsod ng Antipolo, ay hiwalay at hindi bahagi ng kabuuan ng Brookside, na nasasakupan naman ng Bayan ng Cainta. Bukod sa pagkausap sa aming mga residente ng Area 15, batid ko rin na nagsimula nang mangulekta ng association dues, at magiaye ng mga barikada ang BAHAI sa iba't-ibang bahagi ng Area 15. (4) Mariin at marubdob kong pinasusubalian ang lahat at anumang tinuran ng mga opisyal at miyembro ng BAHAI na nag-uugnay, nagdadawit at nagsasangkot sa akin o sa aking pamilya hinggil sa di-umano'y pagtiwalag naming sa BRAI at pagsapi naming sa BAHAI, lalo pa at ang mga tinuran at isinalaysay nila ay pawang kasinungalingan, gawa- gawa at isang istorya na hinabi ng kanilang makathang isipan. (5) Taliwas sa tinuran nila, matagal na pong kabilang ang Area 15 sa_kabuuan, teritoryo n; Brookside. Itinuturing ko, ng aking mga kapitbahay, ng aming mga pamilya, at ng iba pang mga mag-anak na naninirahan sa Area 15 na_kami ay kasapi ng BRAI. XxX Xxx 20c” (emphases and underscoring supplied) 23. The other individual complainants, who are likewise residents of Area 15, namely Rodolfo Arellano, Rose Della, Francis Cruz, Arman Roy, Samuel Papna, Adelfa Espinas, Jojit 12Ngo, Julia Gevera, Agnes Aguro, Lodina Palomar, Mario Rapacon, Rene Advincula, Romeo Taytayon, Helen Solano, Myline Libre Clemente, Lauro Abad Ambrocio, and Emelita Paredes, corroborated the testimonies of Individual Complainants Guerrero and Rivera through their own individual sworn statements. !° 24. As contended by Individual Complainants in their respective affidavits, they and the other residents of Area 15 residents of Area 15 also faithfully paid their association dues.'* A portion of these association dues is remitted to Complainant BRAI, while the remainder is retained by Area 15 ro Cover for its area projects and other expenses. Attached herewith as Annex “F-series” are the ledgers submitted in 2016 and 2019 by Area Trustee Josefina Valera (Ms. Valera’), who was the Area Trustee of Area 15 during these period. 25. _ Individual Complainants and the other residents of Area 15 also showed their support for Complainant BRAl, and their acknowledgment of its status as the legitimate homeowners’ association in their area, by participating in the various projects of Complainant BRAI, attending its special meetings and general assemblies, and ‘in complying with the tules and regulations it implements in order to maintain the Peace and order in the community.15 » that is, if they are not members already Complainant BRAI does not distinguish between residents of Area 15 and the fourteen (14) other areas. With respect to the individual members of Complainant BRAI from the other areas, every member likewise considers the residents of Area 1S as part of the larger Brookside community, 26.1. Records wil submissions to this H. reportorial requireme information sheet, as I show that Complainant BRAI’s onorable Office, in compliance with nts, have always included a general well as a masterlist of homeowners. 8 Supra, see note 5. Dia, 'S Did.These general information sheets have always included Area 15, as well as listed an Area Trustee for Area 15,16 The masterlists of homeowners have likewise always included the roster of homeowners from Area 15,17 26.2. Even further, the electoral returns from the elections held in previous years will immediately show that votes from Area 15 have always been canvassed and considered for the election of Brookside-wide or subdivision-wide BRAI officials, and also for the determination of the Area Trustee for Area 15.18 Of course, the masterlist of voters for these elections also inchided the residents of Area ‘15.19 Not only have the these candidates have won 26.3. As regards matters affecting the Brookside community, the board resolutions issued throughout the years by the Board of Trustees of Complainant BRAT have always included the Area Trustee of Area 15 as a signatory, but more importantly, the Area Trustees of Area 15 have always participated in the board meetings in which these board resolutions were discussed, deliberated upon, and passed.20 Complainant BRA, through its Board of Trustees, have launched several Projects affecting or involving Area 15 and its residents, or sometimes even specifically benefiting them. are attached hereto as Annex “ \ Copies of the previously submitte. , canvassing results, as well previous iaterials, certificates of candidacy, and eae election-related documents Pian SY S¥bimitted to this Honorable Office ar attaches rence! as Annex “L-series” P pid BRA nS Of 8 few board resolutions passed by the Board of Trustees of Comp SRAI are attached hereto as Annex “J serieg? eee 14Area 15, as well as other officers of Complainant BRAI who were from Area 15.2! “Ang Pagsisimula ng Isang Panibagong Pag-asa" Nagkaroon ng isang Pagpupulong sa pagitan ng ating Punong Barangay Marcelo Young, Jr, Sa usapang naganap ay verbal na hiniling ni Kapitan Marcelo Young kay BRAl President Mr. Ramon Gorostiza ang pagbubukas ng Dely St. gate para sa mga residente at mga sasakyang may apat na gulong at mga motor (light vehicles). ee or acnits.of these phone directories, or at least the portions thereof reflecting the listing gf Area 15 residents are attached hereto as Aen “K-series” He barangay Muntingdilaw's Official, Facetne Page, accessed 30 October 2020, https://www.facebook.com/ profile phy 100770317713 bape Passisimmula_ng Isang Panibazong Proce 27 April 2018 at 3:09 pm, Barangay Muntingdilaw’s Official Facebeor Fage, accessed 30 October 2020) hups:// www facebook.com/ permalink phaoe, ‘ory fbid"2025432257723527&id=100007 203177130 7 18the status update on the offi Muntingdilaw, and wer Naging positibo ang pagtanggap ni Pres. Ramon Gorostiza sa hiniling ng ating Kapitan, at sa madaling panahon ay magkakaroon ng pormal na Pag-uusap upang bumalangkas ang dalawang panig ng mga alintuntunin sa usaping ito, Nawa'y pagpalain po tayo ng panginoon upang maging maayos ang ating pamayanan” 28. The following photographs were lifted directly from described 2018 meeting: cial Facebook Page of Barangay © presumably taken from the above.Mantind Peery (eater Neat y oan fa nasasakupen ng ating Barangay, Correa r ye een Rucuos saan Scns Pee ena ete ae oe pee Pau NT There we rae nal stint Sua Lo eet ee etree Cees ate (Bul {n the talk that occurred verbal requested Ce cones ayaa Peo nasa (oe ace ey ea ene requested by olit c Cen keene eet May God bless us po to make our community 29. The above-posted _ photographs plainly show Barangay Captain Marcelo Young and the then President of Complainant BRAl, Mr. Gorostiza together. The background on the photographs also undeniably points to the BRAI Office nference between Complainant BRAI and the local government of Barangay Muntingdilaw. Likewise, the Letter-Request sent by Barangay Captain Marcelo Young for the said conference establishes that the local government of Barangay Muntingdilaw recognizes the inclusion of Area 15 in Complainant BRAI’s territorial 7a jurisdiction.7* If Area 15 were not considered a part of Brookside, and if Area 15 residents were not considered as members of Complainant BRAI, then there would have been no reason for Capt. Young and his subordinates to reach out to the Officers and Board of Trustees of Complainant BRAI and confer with them. B. Even the organizers, officials, leaders, and members of Respondent BAHAI have always regarded Area 15 as part of Brookside, and have always considered the residents thereof as either += members — of Complainant BRAI, or as homeowners eligible for membership. 30. The evidence on record should by now suffice to convince this Honorable Office that Respondent BAHAI’s Separatist position on the supposed partition of Area 15 from the rest of Brookside is not only historically flawed, rather, it has utterly no factual or legal basis. 31. The sufficiency of the evidence on record, notwithstanding, it is still worthwhile to point out, if not for its inconsistency, then definitely for the hypocrisy and duplicity of the organizers, officials, leaders, and members of Respondent BAHAI, that even these people, before they switched to their current separatist position, had regarded Area 15 as part of Brookside, and had previously considered themselves or the other residents of Area 15 as either members of Complainant BRAI, or as homeowners eligible for membership, 31.1. Amos EF. Reyes (Mr, Reyes”) was the affiant who executed the Affidavit dated 26 February 2020,25 which was submitted to this Honorable Office as part of the requisite documents for Respondent BAHAI’s application for registration. Yet, fifteen (15) years before that, in a Certification dated 13 September 2005,?6 which ee 3 A Coby of the Letter-Request by Barangay Captain Marcelo Young is attached hereto as Annex “L” thie ents a, Macente Adan aie 2 Wesruary 2900, which ony auteninies to Soha Smee ss paix of Win swtiiatn decertucan er leptons BAHAI's application for registration, is hereto attached as Annes “Mi 2s AGOPY of the Certification dated 13 September 2008 by Mr Reyes is hereto attached as Annex “M-1” 18Mr. Reyes issued in his capacity then as the Secretary of Complainant BRAl, he clearly declared that the territory of Brookside included Area 15, and that the residents of Area 15 were eligible for BRAI membership. 31.2. Cristina Cristobal-Santiago (Ms. Santiago”) is currently the Secretary of Respondent BAHAI. In a sworn Statement dated 13 November 2019,27 which statement was submitted to this Honorable Office as part of the requisite documents for Respondent BAHAI’s application for registration, Ms. Santiago defined the territorial boundaries of Area 15 and declared that “no homeowners’ association presently exists within the Subdivision/community”, or is otherwise registered with this Honorable Office or other government agencies. Yet, Ms. Santiago served as an Area Trustee for Area 15 from 2016 to 2017. She participated and voted in board meetings as the representative of Area 15, and attended general assemblies, She collected association dues, and remitted the same to Complainant BRAI. She encouraged her constituents to vote during the area-wide and village- wide elections. 31.2.1. Ms. Santiago was listed as a resident of Area 15, Brookside in the old telephone directories commissioned and distributed by Complainant BRAI.25 31.2.2. Certificate of Proclamation, BRA Election Committee Resolution No. 2018-005, Staled thet Ms. Sautings won an the Area Topates for Area 15, garnering 11 votes. It also indicated that Abraham Tible won as Vice-President for External Affairs, gamering 156 votes, $1.2.3. General Information Sheet for the years 2016 to 2017 clearly included Area 15.30 [ft indicated Ms. Cristina Cristobal-Santiago as the Area Trustee for Area 15. It also indicated Abraham Tible as the BRAI Vice-President for External Affairs. ee thic GRY OF Ms. Santiago's Affidavit dated 13 November 2019, which was submitted to this Honorable Office as part of the requisite documents fy Respondent BAHAI's Spplication for registration, is hereto attached as Annew "N" % Supra, see Note 21. ® Supra, see Note 18, ® Supra, see Note 16,312.4. Ms. Santiago, as Area 15 Trustee, attended and participated in board meetings where the following Board Resolutions were passed:3! | Board Present at Resolution | Date Resolved the Remarks Reference Meeting? 2016-014 [12 March 2016 Yes | 2016-014A [12 March 2016 Yes This resolution pertained to the approval of new guidelines in the | maintenance and Operation of the 2016-025 | 18 June 2016 Yes subdivision gates, one of which is found in’Area 15. This resolution | affected Area 15 residents in particular. ES |_ 2016-027 | "33 July 2016 Yes 2016-030 |"20 August 2016 Yes 2016-031 | 20 August 2016 Yes | 5 | 17 September | 2016-035 2016 Yes | 2016-043 [15 October 2016 Yes 2016-044 [15 October 2016 Yes 2016-045 [15 October 2016 Yes 19 November | 2016-049 2016 Yes as 21 January 2017-006 oie, Yes {_ 2017-013 [18 March 5017 Yes | Brookside and aq ——__ * Supra, see Note 20, 20 =became the duly elected President of Complainant BRAI.32 31.3.2. General Information Sheet for the years 2018 to 2019 clearly included Area 15. It indicated Ramon Paul D: Gorostiza as the BRAI President. 31.3.3. A Letter dated 18 April 2018 by Mr. Gorostiza,* in his capacity then as the BRAl President clearly indicated him as such, 31.3.4. Board Resolution 2018-031,35 designated Mr. Gorostiza, in his capacity as the passed by the Board of Trustees on 07 June 2018, in a special board meeting in which Ms. Josefing Valera (*Ms. Valera”), then Area 15 Trustee, was present. 31.3.5. Board Resolution No. 2018-036, signed and noted by Mr. Gorostiza, and passed by the Board of Trustees, which included Ms. Valera as the Area 15 Trustee. This resolution was passed by the Board of Trustees on 21 July 2018, in a regular board meeting in which Ms. Valera, Area 15 Trustee, was present.36 31.3.6 Construction Clearance dated 22 January 2016,” issued by Complainant BRAI in favor of Mr, Gorostiza. When Mr. Gorostiza submitted his application for construction clearance. This was issued after Mr. Gorostiza filed and construction bond, in the total amount of fifty- even thousand pesos (P57,000.00), for which Complainant BRAI issued Official Receipt No. 94365 dated 21 January 2016. upra, see Note 18, Ibid. * A copy of the Letter Annex “O-series”. dated 18 April 2018 by Mr. Gorostiza is attached hereto as part of % Supra, see Note 20. *” A copy of this construction clearance is attached hereto as part of Annex “O-series” a31.3.7. Mr. Gorostiza, in his capacity then as the President of Complainant BRAI, signed several official notices and formal correspondences. Of special note is a Letter dated 3 July 2018 by Mr. Gorostiza, addressed to the Board of Trustees. Mr. Gorostiza, through the said Letter, sought the issuance by the Board of Trustees of an excavation permit for a pipe-laying project in Area 15, Brookside. Mr. Gorostiza acknowledged in this Letter that Area 15 is part of Brookside, and that its residents are part of the constituency of Complainant BRAI,38 31.4. Abraham Tible (“Mr. Tible”) is currently seated as the Vice-President of Respondent BAHAI. However, in designating him as Vice-President, Respondent BAHAI may have violated its own Articles of Incorporation, Section 1, Article III of the Articles of Incorporation of Respondent BAHAI restricts association membership to homeowners of Area 15 only. Meanwhile, Section 6, Article VI of the same articles states that the Vice- President shall be elected by the Board of Directors or Trustees from their own number, while Section 2, Article V, again, of the same articles, requires that each of the nine (9) elected members of the Board of Trustees must be a member in good standing of the association. Mr Tible is a resident of Area 12, not Area 15. As such, how can Mr. Tible be eligible to occupy the position of Vice. Presidency of Respondent BAHAI, when he is not even cligible for membership, or much less trusteeship, thereto? 31.4.1. In 2019, the Area 12 Trustee affixed his signature recommending the approval of Mr Tible’s application for car stickers on his three (3) motor vehicles. In his application, Mr. Tible undertook to abide by the rules and regulations of Complainant BRAI, and to pay his association dues Promptly.‘° Mr. Tible also submitted the registration documents of his motor vehicles, which documents indicate his registered address to be in Berkshire ——_ wpa COPY of this Letter dated 3 July 2018 by Mr. Gorostiza is attached hereto as Annex ape. ® A copy of Mr. Tible's application for car sticl Kers, which application was recommended for approval by the Area 12 Trustee, is attache oe sai ied hereto as Annex “Q” 22