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Posted on: 7/7/2014
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globe asiatique

Globe Asiatique wins against Pagibig : CA Decision Final and Executory Written by Delfin Lee CA-G.R.SP NO. 128262 DECISION Page 20 of page 21 The propriety and correctness of the Summary Judgment is a proper subject of an appeal under Rule 41 as what was resorted to by Faria and Atty. Bernabe. We are also aware that public respondent’s denial of HDMF’S Motion of Reconsideration of the Summary Judgment made the case final in view of its (HDMF’S) failure to file the correct appeal under Rule 41 within the 15-day period and it cannot be corrected by Certiorari (under Rule 65) as a substitute appeal for a lost one (Under Rule 41). Be that as it may the instant case is far from being completely final and executor considering that Faria and Atty. Bernabe have seasonably appealed the same under Rule 41. To pass upon the above mentioned matter, re propriety and correctness of Summary Judgment now in the instant petition is not only improper but also hovers on procedural and jurisdictional matters not to mention that it would be premature as it preempts the proper and timely adjudication of the respective appeals (of Faria and Atty. Bernabe) on its merits by this Court at the proper opportune time. WHEREOF, there being no grave abuse of discretion amounting to lack of excess of jurisdiction on the part of public rendering the assailed Resolution dated January 30, 2012 containing the Summary Judgment and the Resolution dated December 11, 2012 denying HDMF, Faria and Atty. Bernabe’s Motion for Reconsideration, the instant petition is hereby DISMISSED. SO ORDERED. STEPHEN C. CRUZ Associate Justice WE CONCUR: MAGDANGAL M. DE LEON Associate Justice ELIHU A. YBANEZ Associate Justice Globe Asiatique wins against Pagibig: RTC court of makati rules in favor of Globe Asiatique Loan take out and issue a notice to plaintiff Globe Asiatique in order for the latter to correct and submit the lacking requirements in any buyer-borrower who is subsequently found to be ineligible for the loan. Simply stated, the introduction of any evidence by defendant HDMF regarding alleged spurious and fictitious buyer-borrowers become inconsequential, immaterial and irrelevant as it is the one which approved their PAG-IBIG membership, approved their loan applications, and supposedly post validated their eligibility for loans. Globe Asiatique, on the other hand, cannot be said to have breached any of the warranties provided in the FCAs because these warranties are now inexistent as per the provisions of the MOA because of these warranties are premised on the supposed power of Globe Asiatique to approve the loan applications of the PAG-IBIG FUND buyer-borrowers, a power which has already has been removed by the MOA. WHEREFORE, premises considered, a Summary Judgment is hereby rendered declaring that: 1. Plaintiffs have proven their case by preponderance of evidence. As such they are entitled to specific performance and right to damages as prayed for in the Complaint, except that the exact amount of damages will have to be determined during trial proper. 2. Pursuant to the provision of their MOA amending the continuing FCAs and CSAs, a defendant HDMF is hereby ordered to comply faithfully and religiously with its obligations under the said contracts, including but not limited to the release of loan take out proceeds of those accounts whose Deeds(s) of Assignment with Special Power of Attorney have already been annotated in the corresponding Transfer Certificate of Title covering the houses and lots purchased by the PAG-IBIG member-borrower from plaintiff GARHC as well as the evaluation of the loan applications of those who underwent or will undergo plaintiff GARHC loan counseling and are qualified for PAG-IBIG FUND loans under the MOA and continuing FCAs and process the approval thereof only if qualified, under the Window 1 Facility as provided for in MOA and continuing FCAs; 3. The unilateral cancellation by defendant HDMF of the continuing FCAs specially the latest FCAs of December 15, 2009, January 5 and March 17, 2010 and CSA dated 10 February 2009, is hereby SET ASIDE: 4. Defendants are ordered to automatically off set the balance of those listed in ANNEX “E” of the Motion of Summary Judgment against the retention money, escrow money, funding commitment fees, loan take out proceeds and other receivables of plaintiff GARHC which are still in control and possession of defendant HDMF; 5. Defendants are ordered to accept the replacement-buyers listed in Annex “F” of the Motion of Summary Judgment, which list is unopposed by defendants, without interest or penalty from the time of defendant HDMF’s cancellation of the Collection Servicing Agreement (CSA) know the truth at the official website of globe Asiatique Realty Holdings Corporation

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