This case has been cited 2 times or more.
|
2015-07-01 |
BERSAMIN, J. |
||||
| Under Tamayo v. Huang,[32] the buyer has the option to demand the reimbursement of the total amounts paid, or to await the further development of the subdivision; when the buyer opts for the latter alternative, he may suspend the payment of his installments until the time when the developer has fulfilled its obligation to him; should the developer persist in refusing to complete the facilities, the National Housing Authority may take over or cause the development and completion of the subdivision at the expense of the developer.[33] | |||||
|
2006-11-02 |
CALLEJO, SR., J. |
||||
| x x x [T]o require clearance from the HLURB before stopping payment would not be in keeping with the intent of the law to protect innocent buyer of lots or homes from scheming subdivision developers. To give full effect to such intent, it would be fitting to treat the right to stop payment to be immediately effective upon giving due notice to the owner or developer or upon filing a complaint before the HLURB against the erring developer. Such course of action would be without prejudice to the subsequent determination of its propriety and consequences, should the suspension of payment subsequently be found improper.[32] | |||||