REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF JUSTICE
CITY PROSECUTION OFFICE
City of Binan, Laguna

REYNALDO B. RONQUILLO
ARNOLD B. GRANADA,
Complainants IV-25-INV NO. 181-00357

-versus- FOR Libel and Syndicated Estafa

DANIEL CORPUZ
SONNY VIDAL
TONY CONCEPCION
BENG BATACANDOLO
MAGGIE ARGENTE
DOLLY CASTRO
CITA CAANG
BOY TUMBOKON
WALFREDO LACSAM
Respondents.
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JOINT COUNTER AFFIDAVIT

WE, Daniel Corpuz, Sonny Vidal, Tony Concepcion, Beng Batacandolo, Maggie

Argente, Dolly Castro, Cita Caang and Walfredo Lacsam, all of legal ages. residents

of Olivarez Homes Subdivision, Phase VII, Sto. Tomas, Binan City, and officers of the

Olivarez Homeowners Association, Inc., except for respondent Walfredo Lacsam, after

having been duly sworn to in accordance with law hereby depose and state that:

1. We are the respondents in the instant Complaint filed by Reynaldo B. Ronquillo

and Arnold Granada and we move for the dismissal of the complaint based on the

following grounds:

1. Forum Shopping

2. No Cause of Action

3. Serious Error in the Certification to file action

FORUM SHOPPING

2. Reynaldo B. Ronquillo and Arnold Granada commenced an action or

proceeding involving the same issues and subject matter before the Housing and Land
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Use and Regulatory Board now pending before the Housing and Land Use Arbiter.

Copies of documents are hereto attached and marked as follows:

Annex 1 Complaint of Mr. Reynaldo B. Ronquillo and Arnold Granada

to HLURB Case NO. RIV-041218-0955 and Sinumpaang

Salaysay of the complainants.

Annex 2 Counter Affidavit with 20 annexes of the respondents to HLURB.

Annex 3 Order of submission of position paper from Housing Land

Use Arbiter.

3. Complainants employing recycled allegations and all are mere speculations

designed to malign and harass the respondents.

NO CAUSE OF ACTION

4. Complainants allegations of libel leveled against the respondents are totally

unfounded and baseless. It is a retaliation that originated from the case of malicious

mischief filed by the association wherein properties of the Olivarez Homeowners

Association, Inc. were damaged. Copies of pertinent documents are hereto attached and

marked as follows:

Annex 4 Endorsement form Binan Police station

Annex 5 Information from Hon. City Prosecutor

Annex 6 Order from the Hon. Presiding Judge.

5. Complainants problem was because of their wrong doing and own making as

they have displayed arrogance insensibility causing demoralization to homeowners but to

claim that the case filed against them causes disgrace, dishonor, discredit and lose of

reputation is totally baseless and lack of merit.

6. For Complaint of Syndicated Estafa, to set the record straight the

respondents officer denied such an accusation, the law provides that money must have

to be received by the respondents being one of the elements of estafa. Records from the
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Treasurer revealed no collection of monthly dues paid and received by the complainants

to the association through its collectors, which was fraudulently disbursed. Reynaldo

Ronquillo and Arnold Granada have no membership records to the association. Copies of

OHAI Receipts presented by the complainants were illegally obtained and no permission

from the payee regarding his intention to use it as evidence, and complainants have no

personality representing them. Homeowners manifesto is hereto attached as Annex 7.

7. Complainants certification to file action has a Serious Error. Reynaldo

Ronquillo and Arnold Granada cannot railroad their way in filing their cases.

Certification of Lupong Tagapamaya from Barangay Sto. Tomas has no basis. There is

no invitation nor summon to the respondents to appear before them. Copy of

Certification to file action and a handwritten appeal of Darrel Duran requesting for an

understanding are hereto attached as Annexes 8 and 9, respectively.

8. The Olivarez Homeowners Association was organized under the Laws of the

Republic of the Philippines. Copies of supporting documents are hereto attached and

marked as follows:

Annex 10 Home Insurance Guaranty Corporation Certificate of

Registration No. 04-1596

Annex 11 Bureau of Internal Revenue Certificate of Registration

No. OCN-IRC0000716136

Annex 12 Housing and Urban Development coordinating Council

Certificate of Filing amended By Laws

Annex 13 Amended By Laws

Annex 14 Articles of Incorporation – Olivarez Homeowners Asso., Inc.

Annex 15 Code of Ethics and Ethics/Standards for Officers & Board of

Homeowners Asso. – HLURB

Annex 16 Magna Carta for Homeowners Association.

8. The respondent officers always exercises/performed their constitutional

mandate that is to conduct a yearly General Assembly Meeting. Notices of General

Assembly Meeting from 2013 to 2018 are hereto attached as Annex 17.

9. Collection of monthly dues, and other assessments of fees as well as the

manner of disbursements are provided for on these documents wherein the respondent

officers make the necessary implementation to meet the basic needs of the association in

the delivery of services.

10. Records of events, minutes and resolutions were kept and properly managed

by the OHAI Secretary. Copy of documents filed are hereto attached and marked as

Annex 18.

11. OHAI Treasurer acts as the custodian of records on financial matters,

complainants has no monthly dues accounts and has no payment collected and received

by the respondents officers of the association or thru its collectors and all expenditures

of the association were fully accounted for. The Syndicated Estafa leveled against the

respondents is totally unfounded and all are mere speculations and in support thereof,

Audited Financial Statements are hereto attached and marked as follows:

Annex 19 2013 Financial Report

Annex 20 2014 Financial Report

Annex 21 2015 Financial Report

Annex 22 2016 Financial Report

Annex 23 2017 Financial Report

Annex 24 2018 Financial Report

12. All Financial Reports were properly audited and money is being deposited in a

bank and discussed during Annual General Assembly Meetings of the association. Copy

of the Certification from Banco Alabang is hereto attached as Annex 25.

13. OHAI Amended By-Laws provides rights and privileges of a member, all of

these are lacking to complainant Reynaldo Ronquillo and Arnold Granada for they

refused to submit and abide by the rules, regulations of the association. Copy of letter to

HLURB is hereto attached as Annex 26.

14. Premises considered, it is most respectfully submitted that complainants

Reynaldo Ronquillo and Arnold Granada do not have a valid ground nor factual basis

on which to anchor their fallacious charges and is patently baseless, unjust, malicious

and concocted, no doubt to harass respondent officers and should accordingly be

dismissed.

PRAYER

WHEREFORE, it is most respectfully prayed that judgment be rendered in favor of

the respondents, dismissing the instant complaints for lack of merit and lack of cause of

action.

Respondent pray for such measure of relief as maybe just and equitable in the

premises.

Olivarez Homes Subdivision, October 01, 2018.

VERIFICATION

WE, the respondents in the above mentioned case subscribing under oath deposes

and states that:

We are officers of Olivarez Homeowners Asso., Inc., Olivarez Homes Phase VII.
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We have read the contents thereof and declare that they are true and correct of

our own personal knowledge.

DANIEL CORPUZ TONY CONCEPCION

SONNY VIDAL MAGGIE ARGENTE

BENG BATACANDOLO DOLLY CASTRO

CITA CAANG BOY TUMBOKON

SUBSCRIBED and sworn to before me this ____day of October 2018 , Binan City.