Writ of Execution Case

Republic of the Philippines
Office of the President

HOUSING AND LAND USE REGULATORY BOARD
Northern Mindanao Region, Cagayan de Oro City
JOSEPHINE ACOPIO-COOPER, HLURB CASE NO. NMR-REM-0041713-009

represented by ELSA A. SOLON,
Complainant;
-versus-
For: Specific Performance with Damages
HOZAC REALTY & DEVELOPMENT and Revocation of License with Urgent
CORPORATION represented by its Application for CEASE and DESIST Order.
Board of Directors and Officers namely:
President JOSE C. BACOLCOL, JR., and
John Does and Jane Does; GERRY T.
RECENTES; HOME DEVELOPMNET
MUTUAL FUND (a.k.a. PAG-IBIG
FUND), represented by Vice President
for Northern Mindanao Operations,
FERMIN A. STA. TERRESA, JR.,
Respon
dent.
x----------------------------------------------------------x
WRIT OF EXECUTION
TO: FULGENCIO R. BUYAN/CIRIACO R. CRUZ, JR.

Sheriffs
HLURB, Northern Mindanao
WHEREAS, On October 11, 2013 this Office rendered a

Decision in the above-entitled case, the dispositive part of which
states as follows:
WHEREFORE, in the light of the foregoing, judgment
is hereby rendered:
1. ORDERING the respondents, Hozac Realty and
Development Corp. represented by its President Mr. Jose C.
Bacolcol and/or Sps. Gerry and Carmelita Recentes to
execute the necessary Absolute Deed of Sale in favor of
herein complainant within 10 days from the receipt of
decision;
2. DECLARING the mortgage constituted over Block 1
Lot 7 as NULL and VOID for violating the provisions of
Section 18 of P.D. 957 and consequently, ORDERING HDMF
(PAG-IBIG Fund) Zamboanga City Branch and/or any of its
authorized representative to release in favor of herein
complainant the Transfer Certificate of Title on the subject
property free from all liens and encumbrances;
3. ORDERING respondents, HOZAC REALTY AND
DEVELOPMENT CORP., MR. JOSE C. BACOLCOL and/or SPS.
GERRY and CARMELITA RECENTES, jointly and severally, to
pay an amount of Fifty Thousand (P50, 000.00) Pesos to
herein complainant as Moral Damages.
pay an amount of Fifty Thousand (P50, 000.00) Pesos to
herein complainant as Exemplary Damages.
pay an amount of Thirty Thousand (P50, 000.00) Pesos to
herein complainant as Moral Damages.
6. Cost of suit in the form of filing fees
pay an amount of Ten Thousand (P10, 000.00) as
administrative fine for the failure to secure a mortgage
clearance on Lot 7, Block 1 of Jasmine Villas Subdivision;
SO ORDERED.
WHEREAS, aforesaid decision has already become final and

executory for failure of the parties to file an appeal within
required period;
WHEREAS, Complainant filed a Motion for Issuance of Writ
of Execution on July 20, 2017 which was given due course in our
Order dated ____________;
WHEREFORE, WE COMMAND YOU, Pursuant to PD 1344 in
relation to PD 957 and in connection with EO 648 Series of 1981
as amended by EO 90 Series of 1986 to execute said decision by
causing the respondents HOZAC Realty and Development Corp.
represented by its President, Mr. Jose C. Bacolcol and/or Gerry
Recentes with address at Sta. Isabel, Dipolog City to a) EXECUTE
within Ten (10) days from the receipt hereof the necessary Deed
of Absolute Sale of Block 1 Lot 7 of Jasmine Villas Subdivision
situated at Olingan, Dipolog City; b.) PAY, jointly and severally,
the complainant MORAL DAMAGES in the amount of Fifty
Thousand (P50,000.00) Pesos; c) PAY, jointly and severally, the
complainant the amount of Fifty Thousand (P50,000.00) Pesos
representing EXEMPLARY DAMAGES; d) PAY, jointly and
severally, the complainant the amount of Thirty Thousand
(P30,000.00) Pesos representing Attorneys Fees; e) PAY, jointly
and severally, the complainant the Cost of Suit in the form of
Filing Fee ; f) PAY, jointly and severally, in favor of this Office an
amount of Ten Thousand (P10,000.00) Pesos as Administrative
Fine; and g) CAUSE, PAG-IBIG Fund to release the title over the
subject property in favor of the complainant free from all liens and
encumbrances.
Provide, further, that in case Mr. Jose C. Bacolcol and/or mr.
Gerry Recentes cannot be found upon after the exercise of due
diligence, you are hereby DIRECTED and AUTHORIZED to
execute the necessary Deed of Absolute Sale over Block 1 Lot 7 of
Jasmine Villas Subdivision situated at Olingan, Dipolog City in
favor of herein complainant.
WE COMMAND you further that since the decision awards

sums of money by way of refund/payment/reimbursement as
principal remedy, ASIDE from damages, litigation expenses,
attorneys fees and administrative fines, (a) you immediately
seized, hold, attach and place under your custody so much of the
personal goods and chattels of the respondent corporation as you
may find at the above-cited address you may deem reasonable
and necessary to satisfy the amounts specified in the Decision
PLUS your lawful fees for the service of this execution; (b)effect
the execution and satisfaction of the said Decision, all in money of
the Philippines, thru public auction in accordance with the
provisions of the Rules of Court and (c) you return this Writ,
together with your proceedings indorsed within SIXTY (60) days
from receipt hereof.
BUT IF SUFFICIENT PERSONAL PROPERTIES CANNOT BE FOUND

THEREAT TO SATISFY THIS EXECUTION AND YOUR LAWFUL FEES
THEREON, THEN WE COMMAND YOU FURTHER (A) THAT YOU
EXECUTE AND SATISFY SAID DECISION,RESOLUTION AND ORDEER
BY GARNISIHING ANY AND ALL AMOUNTS, CREDITS OR
RECEIVABLES THAT MAYBE DUE TO OR IN FAVOR OF THE
RESPONDENT, THAT ARE BEING HELD BY OR IN THE NAME OR
ACCOUNT OF ANY AGENT, DEBTOR, TRUSTEE, ASSIGNEE OR
OTHER REPRESENTATIVE OF SAID RESPONDENT UP TO THE
EXTENT THAT YOU MAY DEEM NECESSARY TO SATISFY SAID
DECISION, RESOLUTION AND ORDER AND YOUR LAWFUL FEES
THEREON AND THEREAFTE PROCEED AGAINST SAID AMOUNT
CREDIT, ACCOUNT OR RECEIVABLE IN ACCORDANCE WITH THE
PROVISIONS OF THE RULES OF COURT; (B) THAT IF THE SAME BE
STILL INSUFFICIENT YOU FORTHWITH CAUSE AN ATTACHMENT
AND LEVY ON EXECUTION TO BE MADE ON ALL THE TITLES OF
LANDS AND BUILDINGS OF THES RESPONDENT WHEREVER
LOCATED AS YOU MAY DEEM NECESSARY AND SUFFICIENT TO
SATISFY THE DECISION, RESOLUTION AND ORDER, PLUS THE
SUMS WHICH SHALL CONSTITUTE YOUR LEGAL FEES THEREFORE
EXCEPT FOR THOSE PROPERTIESLOTS AND/OR UNITS LOCATED
WITHIN THE SUBDIVISION PROJECTED SUBJECT OF THIS
CONTROVERSY WHICH HAVE BEEN PREVIOUSLY SOLD TO AND/OR
ARE OOUCPIED BY BONAFIDE LEGITIMATE INNOCENT BUYERS OR
TRANSFEREES FOR VALUE AND IN GOOD FAITH PURSUANT TO A
DEED OF SALE, CONTRACT OF SALE, PURCHASE AGREEMENT OR
TRANSFER OF RIGHTS, WHETHER OR NOT SAID CONTRACTS OR
DEEDSHAVE BEEN REGISTERED OR ANNOTATED ON THE LOSING
PARTYS TITLE; (C) THAT AFTER DUE NOTICE AND APPROPRIATE
PROCEEDINGS, YOU CAUSE THE EXECUTION AND SATISFACTION
OF SAID DECISION, RESOLUTION AND ORDER TO BE MADE, ALL IN
THE PHILIPPINES MONEY THRU PUBLIC AUCTION IN ACCORDANCE
WITH THE PROVISION OF THE RULES OF COURT; AND THAT (E)
YOU RETURN THIS WRIT TOGETHER WITH YOUR PROCEEDINGS
INDORSED THEREON WITHIN SIXTY (60) DAYS FROM RECEIPT
HEREOF.
Cagayan de Oro City, Philippines

_________________________
RHONA B. ALBARECE
HOUSING AND
LAND USE ARRBITER
Copy Furnished:
ATTY. RAUL BARBASO

Counsel for the Complainant
Barbaso and Pacantang Law Office
083 Magsaysay St. Dipolog City
ATTY. MARIA JOY P. ARCADIO

HDMF ZAMBOANGA BRANCH
Pag-Ibig Fund Building
San Jose Road, Zamboanga City
ATTY. METHUSHIELA C. CAINTA-BANDANO

Counsel for the Respondent
Cainta and Cainta-Bendano Law Office
Dipolog City
MR, JOSE C. BACOLCOL

HOZAC REALTY AND DEVELOPMENT CORP.
Jasmine Villas, Sta. Isabel Dipolog City

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Republic of the Philippines

Office of the President

JOSEPHINE ACOPIO-COOPER, HLURB CASE NO. NMR-REM-0041713-009

TO: FULGENCIO R. BUYAN/CIRIACO R. CRUZ, JR.

WHEREAS, On October 11, 2013 this Office rendered a

WHEREAS, aforesaid decision has already become final and

WE COMMAND you further that since the decision awards

BUT IF SUFFICIENT PERSONAL PROPERTIES CANNOT BE FOUND

Cagayan de Oro City, Philippines

ATTY. RAUL BARBASO

ATTY. MARIA JOY P. ARCADIO

ATTY. METHUSHIELA C. CAINTA-BANDANO

MR, JOSE C. BACOLCOL

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