Dutch tests e-commerce law against realty firm

BAGUIO CITY, Philippines  – Putting the Philippine e-commerce law to a test, a Dutch national sued a real estate developer in this city for allegedly selling a non-existent condominium unit worth P2.6 million via the Internet.

Ronald Groenhart filed swindling, estafa and violation of the e-commerce law charges against officers and directors of SJC Group Corp. at the Baguio City prosecutor’s office after his P2.6 million went down the drain.

He traces the swindling case from officers of the SJC Group Corp. that included Julie Formento, president; Sante Vergini (an Australian), chief executive officer; Marisa Marasigan and Susan Formento, directors; and Baguio lawyer Joel Dizon, corporate treasurer, chief financial officer and legal counsel.

In his complaint, Groenhart said that in September 2007 he found out about SJC Group’s website, www.sjc-group.com, which accordingly had an ongoing condominium project then called The Park Avenue (www.the-park-avenue.com <http://www.the-park-avenue.com/>).

Smitten with interest on what supposedly was a credible and legitimate project, he inquired from the officers of the firm.

After several negotiations via the web, Groenhart decided to buy a unit in the proposed 20-story condominium tower that would accordingly be completed October 2010 at the back of Ina Mansion along Gen. Lim Street here.

Groenhart paid a reservation fee for the condominium unit online.

After paying the alleged realtors P2.4 million in Oct. 22, 2007, as balance payment, he was allegedly given a receipt a month after.

The realty firm notified him via an e-mail that they did not receive his payment for the reservation fee. Groenhart was also requested to pay another P100,000 through Western Union.

No transaction

He later found out that the architectural firm allegedly constructing the condominium had no transactions with SJC Group, which he later found that “his life’s savings was already taken by an organized professional swindling group.”

Groenhart said another former Baguio resident who now lives in California will file a similar case against the company for also swindling him of P1.5 million for a condominium unit.

According to the Housing and Land Use Regulatory Board (HLURB) regional officer Rebecca Torres, SJC Group does not have a permit to sell or even a development clearance.

It was also learned that three years ago, SJC was monitored by the HLURB for allegedly selling units without government permits.

Meanwhile, the counsel of Vergini and Dizon then denied they were selling real estate in Baguio, and added that they were still preparing technical documents for the certificate of registration then.

Dizon claimed he is only the chief legal counsel of the real estate firm and has disassociated himself in 2008.