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Chavez files estafa vs Ayala-Alabang Village Association


By Rhodina Villanueva Updated May 30, 2009 12:00 AM [ philstar.com ]

MANILA, Philippines – Former Solicitor General Frank Chavez filed estafa charges against 11 officials of the Ayala-Alabang Village Association (AAVA) for reportedly misappropriating some P212,000 he posted as construction bond while his house is being built.

Named respondents in the Muntinlupa City Prosecutor’s Office are Apolinario delos Santos III, Rogelio Santos, Mariano Manas Jr., Miguel Victorio, Pedro Picornell, Mienrado Avisado, Godofredo Victor Juliano, Federico Sarabia III, Roberto Limcaoco, Leandro De Leon and Cynthia Arceo.

In his complaint, Chavez claimed that despite AAVA’s letter in October 1999 that he still has a refundable amount pertaining to his construction bond, respondents refused to return his money and reportedly converted it for their own use.

Despite Chavez’s repeated demands for the past 10 years, respondents refused to return the bond. It was only in 2008 when respondents answered back and said they decided not to return the money since Chavez violated the Deed of Restrictions imposed by the organization. The Deed of Restrictions bind all its lot owner-members.

However, Chavez said AAVA never informed him in writing that his bond has been forfeited because of alleged Deed violations. He recalled AAVA’s own letter sometime in October 1999, did not impose any fine or penalty for any violation.

Chavez said the construction of his house 13 years ago went on smoothly without any incident and AAVA never even attempted to stop him. Thus, he was therefore issued the necessary sanitary, plumbing, building permits and subsequent Certificate of Occupancy.

He likewise said his three immediate neighbors whose houses were constructed ahead of his and whose perimeter fences enclosed what AAVA claims to be easement spaces, were never sued by AAVA.

He pointed out that the group itself admitted that there are 2,200 alleged Deed of Restrictions violators constituting about 46 percent of the 4,500 homeowners in the village.

Therefore, Chavez said, “AAVA officials acted maliciously and in bad faith in filing a case against him before the Housing and Land Use Regulatory Board.

Earlier it was reported that AAVA filed a complaint against Chavez whom they accused of landgrabbing after the latter allegedly converted to his personal use some 240 meters of lot which they claimed is public property.

Zacarias Maribbay, OIC-acting village manager of the AAVA., said Chavez, a lot-owner/member, committed several violations of AAVA’s Deed of Restrictions such as using the open space behind his lot which is said to be public property. A gazebo has been reportedly constructed right smack in the middle of property line at the rear portion of Chavez’s lot.

AAVA is asking HLURB to order Chavez to undo and correct his violations of the AAVA Deed of Restrictions. In the event, the latter refused, the group asked the Sheriff of the HLURB or police or other lawful authority to remove encroachment of the easement area which is beyond Chavez’s property line and restore the area to its original condition, all at Chavez’s expense.

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