CA orders John Hay firm to return P7.4 M to hotel unit buyer

MANILA, Philippines - The Court of Appeals (CA) has rejected a petition filed by Camp John Hay Development Corp. (CJHDevCo) seeking to reverse an order issued by the Housing and Land Use Regulatory Board (HLURB) upholding a complaint filed by a hotel unit buyer seeking reimbursement of the purchase price amounting to P7.4 million.

In a nine-page decision written by Associate Justice Rosalinda Asuncion-Vicente, the CA’s 8th Division ruled that CJHDevCo failed to exhaust all legal remedies before elevating the issue to the appellate court.

“In the case at bench, the remedy of petitioners from the denial of the motion to dismiss is to go through and participate in the proceedings until the HLURB arbiter promulgates a decision. If the decision is unfavorable to petitioners, as it later turned out to be, they may file an appeal before the Board of Commissioners of the HLURB which has appellate jurisdiction over the decisions of the HLURB arbiter,” the CA said.

The CA added that even if it recognized CJHDevCo’s petition, the court would still be constrained to dismiss the plea considering that the HLURB arbiter had already rendered a decision on Nov. 15, 2011, granting complainant Jorge Allan Tengco’s prayer for the refund of the P7.4 million he paid for the unit at the John Hay Suites in Baguio City which he bought in April 2010.

Tengco demanded refund of his money after the CJHDevCo allegedly failed to deliver the completed unit on time.