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is there no justice in the Philippines?

The property


New San Jose Builders using their political ties

Is there really no justice in the Philippines? Early April 2011 I met Sally Buhat (Rosalinda Buhat) in ABS-CBN where they had a booth promoting Victoria Towers Condominiums. She said that their current payment scheme would go as low as only 16,000 pesos only per month. Plus they have a promotion of free inside finishing of the unit worth 150,000 pesos.

Sally told me I can visit the model units in Victoria Towers in Timog cor Panay ave. I went with my friend Jayvee Kabigting and there we met Lani Zapata, Sally’s supervisor. They toured us to the model units and the bare units.

I got interested in the promotion because they said after payment of the move-in fee of 125,000 pesos the entire unit will be finished inside for free, meaning tiled floors, tiled and completed bathroom, painted walls. Division of rooms, doors installed and ceiling and light fixtures completed. Tiled kitchen wall, completed kitchen cabinets. All ready for move-in within 45 to 60 days with your choice of floor plan (2 bedroom or 3 bedroom).

I made my reservation payment of 25,000 pesos on April 18, 2011 after talking to my husband (Tem Villafuerte) for the unit 1225 of tower C. Then I paid the move-in fee of 125,000 pesos by May 18, 2011. We signed the Contract to Sell the same week. Sally told me she would inform me when the unit will be started on after we have completed all the documents they need from me. Like copies of billing statements, copies of my id’s and post dated checks, which I have all provided within 5 days. A week after I followed up with Sally if the unit has been started on, she said she was confirming with which contractor of New San Jose Builders, Inc which contractor would our unit go to. Since they sub-contract finishing of units.

After a week I texted Sally again and asked if what was the progress. She said she saw that our unit was still being placed to a list. I asked how long it still would be. She said she was pretty sure the following week the unit would be started on already.

On June 4, 2011 we met with Sally Buhat again and Carlos Marco (Project Director) to sign the floor plan of our unit. She said after that day it will be immediately started on. On June 13 we went to visit the unit but still nothing was made. I tried contacting Sally again. She did not reply so I texted Lani Zapata. She too said that the unit would be started on by end of the week. I was also worried since we were already paying our monthly amortization of P 23, 655.28 Nothing happened the past 2 weeks finally on June 24, 2011 Lani gave as a call and asked us to sign another floor plan. We said we already signed a floor plan. She said apparently the former contractors Eurasia was fired and was going to be replaced by One Draft. Tem was already furious so he went to talk to Carlos Marco and MJ (Asst. of Grace Villacorta 1st Vice President of Sales Division) Tem made it clear we are no longer interested in the unit since nothing was happening and that we would like to refund our money. MJ said we should write a letter and address it to Mary Grace Villacorta, First Vice President Sales Division Victoria Towers.

On July 4, 2011 Tem hand delivered the letter and she spoke to Ms. Villacorta. He made it clear we are no long interested. She said she would forward the letter to the President for consideration. I visited their office again and spoke with Ms. Villacorta on July 8, 2011 because I found out from Lani that the unit was being started on already. I told Ms. Villacorta we weren’t interested whether they make it or not what we were interested in is when they will refund the money. She said that we need not complain since the deadline of July 18, 2011 to deliver the unit wasn’t even up yet. I told her we didn’t care because we know the unit would not be ready in 10 days. She was persistent and told me that it would be. I called Tem to come up in the office and make it clear to Ms. Villacorta that whatever she was saying to me was completely different from what she said to Tem. Tem came up and Ms. Villacorta suggested we move to the conference room and that she just needs to talk to someone and she would join in a few minutes.

An hour passed nothing happened because we weren’t settling with Mr. Carlos Marco, Lani Zapata and Sally Buhat and another sales head Ms. Cristina Ricamara. Ms. Villacorta no longer joined us and we left the office.

The following week they told us the unit was being made already we came to visit because we wanted to see. The first time we came only aluminum frames were being placed. A week later some tiling. Finally on July 25, 2011 they said the unit was ready for delivery, we checked the unit and found out they did not follow the floor plan we approved and signed. They however made their own design. They were still negotiating on our move in. We said it was already too late. We told them over and over again that we didn’t want it anymore. Sally then told us that our request was denied. We asked a copy of the denial letter and copies of all the documents we signed. Lani said they weren’t any denial letter and that Ms. Villacorta will just email us.

We went and filed a complaint with Housing Land Use Regulatory Board last July 28, 2011. We provided a written statement regarding our complaint. We are waiting for a written response from New San Jose Builders, Inc. HLURB said they would be giving them 10 days. We met in the HLURB sometime in September 1, 2011 and was assigned to Michael de Nava. The mediator, Mr. de Nava just facilitated New San Jose Builder’s lawyer when she asked if we wanted to accept the unit from them. We said no. So the mediator suggested adjourned the meeting. Mr. de Nava said we should file a formal complaint with their office on the other side of the building.

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I acquired some requirements to fill out and was told I had to pay over P3,500.00 worth of filing fees. Plus have some documents notarized. Unfortunately, my husband Tem left the country for Australia on October 21, 2011 and I have not been able to resubmit my complaint with HLURB. However I have accomplished some documentation required to file the former complaint. Last week when trying to talk to my former sales agent I found out that New San Jose Builders, Inc has sold our unit. They have not informed us about this and that we still haven’t received our refund for the amount of 195,310.56 pesos plus interest plus another 23,655.28 pesos in advance monthly deposit. Plus another 25,000 pesos for the reservation we made for unit 1219 of tower C. So we would like to get a full refund for everything we paid for plus whatever allowable interest the government may impose for the delay of our refund.

Top it off we found out that the Speaker of the lower house Sonny Belmonte is part owner of New San Jose Builders and the president Jose Acuzar is the brother in law of the Executive Secretary of the

Sellers: New San Jose Builders, Inc phone (02) 426-1361 to 65

Address: 20th Floor President Tower, 81 Timog Ave. Quezon City


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Pangs on September 26, 2017:

Hi, can you update us if you got the refund? I got a unit in Victoria de Makati and is also thinking of cancelling my contract.

kajoe on March 28, 2016:

Beware of TOH Builders, stay away from this contractor otherwise you would have the biggest head ache you have not experience ever in your life.Arch. Jess Valdez,their field architect is a professional LIAR!!

Nica on July 04, 2015:

If they dont want to return the pdc you issued, all u have to do is to request a stop payment order to your bank against those pdc. I think theres a service charge of 100 pesos per check.

tina on May 30, 2015:

I have reserve a unit with them and I have given them a deposit of about 6,000 pesos. But after reading your post I would rather just cancel the contract. I am willing to let go of the said deposit but my problem is how can I get the PDC I have issued them.

Antonette San Jose (author) from Philippines on May 05, 2015:

Thank you for the information.

Antonette San Jose (author) from Philippines on April 05, 2015:

I appreciate all your comments. I apologize for not replying sooner as I've been very busy. If anyone knows Tulfo or how to reach him please let me know so we can get some action about this.

vharzie on September 22, 2014:

Ive also fell victim to this it has been 3 years and i still have not received my refund. All they are telling me is that it is with finance blah blah. Should we take this to tulfo or any media telated personnel?

MikePogs on August 06, 2014:

I just recently submitted a formal letter and a notarized affidavit of termination of contract, they told me that my letter is subject for approval by the accounting department and will take 2-3 months approval from the accounting office and 6-8 months for the refund after the letter is approved, but the RA 6552 law says:

(b) If the contract is canceled, the seller shall refund to the buyer the cash surrender value of the payments on the property equivalent to fifty per cent of the total payments made, and, after five years of installments, an additional five per cent every year but not to exceed ninety per cent of the total payments made: Provided, That the actual cancellation of the contract shall take place after thirty days from receipt by the buyer of the notice of cancellation or the demand for rescission of the contract by a notarial act and upon full payment of the cash surrender value to the buyer.

any idea on this law? thanks

MD on August 03, 2014:

this company is soo corrupt...we are still waiting for our money and they always have new excuses!

keren on July 25, 2014:

hi! anyone who could help or make advice how i can get my 100% of my down payment from new san jose buider inc? pls...

Same here on February 22, 2014:

Hello there, I am also a victim. Two years ago, we bought a condo from nsjbi because of my work schedule. I enjoyed my stay there and I was lulled with the joys of condo living. I didn't mind the bad smell emanating from the garbage chute, nor did I mind the impossible parking scheme which caused heavy damage to my car, nor take notice of the gigantic cracks in the walls. Thankfully, my agent represented all of my fears and worries but was suddenly transferred by the company for voicing out their tenant's complaints.

One day, I returned to the condo and to my surprise; the ceiling fell and landed on the spot where I slept. The walls were wet and I discovered that the water from the walls came from the upper unit's pozo negro. Because of my hectic schedule, I decided not to pursue any legal action and I simply requested for repairs from the PMO. Three months of lengthy request procedures and the PMO was unable to repair my unit; the gaping hole at my ceiling was still there where I could clearly see the upper unit's pozo negro.

Still having that hectic schedule, we decided to withdraw our payment to the said company and decided not to take legal action even if the company did not pay us back. Two years after that crazy incident, I met a fellow victim at a family gathering who also bought a unit from nsjbi. He bought a model unit from the company in a different project. One day, he went home and found the entire unit flooded. The water came from the upper unit's pozo negro too! Same as me; we both had hectic work schedules and so he decided not to pursue any legal action against the said company.

cj on January 27, 2014:

hi everyone! Good news! I need your cooperation. Please email me a letter of complaint w/ ur signature and other docs like contract and receipts. Our group in Skyscrapercity forum is going to file a class suit. Contact me at 09334377984 or The more complainants the better. Please contact me ASAP, as in within the 1st week of Feb. Please prepare all your letters of complaints and docs pag nagkita kita tayo.

PF on January 06, 2014:

I am a victim of this as well, but with their other project, VS1. I think, that it is just their way of doing things.. Unit owners complains over and over again, but they won't do anything at all. I've been asking refund for almost 1 and half years already. I think all this scam should be exposed as I encounter lots and lots of victims every now and then.

Amie on November 13, 2013:

I called the office of new San Jose builders to follow up status of my request for backout my unit but no one answer my call

Antonette San Jose (author) from Philippines on October 07, 2013:

Unfortunately no. Since I don't have money to legally pursue them I am now stuck with a bigger problem! Did you get one from Victoria Towers too?

Macho on September 04, 2013:

Did you get your money back?? I am also a victim

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