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Chavez settles with Ayala village association


Philippine Daily Inquirer
First Posted 06:39:00 09/04/2010

Filed Under: Housing & Urban Planning, Conflicts (general)

MANILA, Philippines?Former Solicitor General Frank Chavez and the Ayala Alabang Village Association have reached an amicable settlement, agreeing to withdraw charges and counter-charges arising from the construction of a retaining wall in the back of the lawyer?s house.

Regional trial court Judge Juanita Guerrero of Muntinlupa approved the settlement, which became the basis for the dismissal of the estafa case filed by Chavez against the association?s officers. The judge, in her order on Aug. 12, also declared that the word ?land grabber? hurled against Chavez was ?misplaced and uncalled for.?

The case stemmed from the construction in 1996 of a retaining wall to prevent soil erosion in the back of Chavez? property during the construction of his house on Saranggani Street. He was issued a certificate of occupancy with completion of the construction in 1997, but the association refused to return his construction bond.

In 2007, 10 years after he moved into his new house, Chavez reiterated his request for the return of his construction bond but the association, under a new set of officers, accused him of violating the deed of restriction with the construction of the wall. The association filed last year a case against him before the House and Land Use Regulatory Board (HLURB).

In return, Chavez filed similar cases against the association?s governors for violations of the deed of restriction in their respective residences. He also filed an estafa case against them for their refusal to return his construction bond.

With warrants of arrest poised against the village governors after probable cause was established by the Muntinlupa city prosecutor and the Department of Justice, Judge Guerrero conducted a series of mediation conferences.

Eventually, the parties came to terms, withdrawing all charges against each other before the HLURB, the Muntinlupa RTC and the Court of Appeals, and reaching a sublease agreement. Chavez also executed an affidavit of desistance which led the judge to dismiss the estafa case against the governors. The governors also returned Chavez? construction bond of P212,000 in full.



Copyright 2012 Philippine Daily Inquirer. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.



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