Court jails and fines real estate developer

CEBU - A real estate developer was sentenced to one year imprisonment and ordered by the court to pay a couple close to P300,000 in damages after she was found guilty for violating the law regulating the sale of subdivision lots and condominiums.

Asela Tan, president and owner of Franzland Development Corporation, developer of the Luisaville Subdivision in barangay Talamban, was convicted of violating Sections 19 and 25 of the Presidential Decree 957.

Regional Trial Court Judge Sylva Aguirre Paderanga of branch 16 found Tan guilty of the complaint filed by Aniana Singh and her husband.

The case stemmed from Tan’s alleged failure to deliver the transfer certificate of title for the two lots purchased by Singh at Luisaville Subdivision in 1995 despite that these have been fully paid.

Singh claimed that in March 20, 1995 she and her husband bought two lots from Tan because they were attracted by the advertisement on a leaflet.

The advertisement was for the supposed amenities of the subdivision.

A contract to sell was then entered into between Singh and Tan stipulating that the two lots with a total area of 328 square meters will be paid in three years.

Singh said they have fully paid the lots in November 1997 and received the deed of absolute sale in March 1998. However, Tan allegedly failed to deliver the title despite several demands.

According to Singh, Tan made several promises to deliver the title but until now failed to fulfill it. Singh was forced to file a complaint in 2001.

In a seven-page decision, Paderanga found Tan guilty of violating Section 19 of the P.D. 957. The court found that the amenities advertised in the leaflet do not exist.

She was also found guilty of violating Section 25 for failure to deliver the title of the lots.

Aside from the jail time, Tan was ordered to pay P260,000 in moral and exemplary damages excluding the P2,000 fee per appearance of the lawyer. — Fred P. Languido/NLQ   (THE FREEMAN)