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American to file case against Gov Garcia brother


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Just so you know that Filinvest using the Wayne Morris Dispute with Corona del Mar HOA elected President / Chairman, Byron Garcia, has not caused disruption so they can continue running the HOA the way they want, and add new Developments as add on to Corona del Mar. The new development Escala looks like it requires its own Access Road:-


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Quid pro quo: bry. to Filinvest


By Jill B. Tatoy

Saturday, September 24, 2011


THE Barangay Pooc Council will not endorse Filinvest Land Inc.’s (FLI) extension project to the Talisay City Government unless the firm presents an affidavit of undertaking notarized by a legal officer.


The council will also defer the resolution and revoke the barangay clearance of Filinvest until the firm gives a formal commitment to build an access road in Sitio Maharlika.


The problem stemmed from the alleged pollution and nuisance caused by FLI’s extension project inside the Corona del Mar Subdivision.


Teachers and parents of students at the Pooc Elementary School also complained about trucks that pass the school on its way in and out of the subdivision.


Cease-and-desist order

Mayor Socrates Fernandez issued a cease-and-desist order yesterday against FLI’s Escala at Corona del Mar.

The mayor said the firm violated its development permit when it extended the subdivision.


In a special session of the council yesterday, Engr. Archie M. Igot, project development officer of Filinvest, presented a commitment letter, stating they will assist in the construction of an access road.


The letter also asked the council to issue a barangay resolution to request the City to approve its extension project and allocate the budget to begin the expropriation for and construction of the road.


FLI said it will make an advance tax payment of P1,116,787 that will account for the concreting of the proposed access road.

It will be applied against FLI’s tax payables to the City, starting next year onwards.



But Pooc Barangay Captain Doroteo Emit said the amount should not be deducted from the firm’s tax obligation since it is its social obligation to build the access road.


He said FLI should shoulder all the expenses, and not “assist” in the construction.


Igot admitted there had been lapses in communication between the firm and the barangay.


He said by next week they will give an affidavit of undertaking, stating they will shoulder the expense of the road construction.

Emit, for his part, assured Igot that he will approve FLI’s project and endorse it to the City.


“The LGU will shoulder the expenses if there are private property lots that will be affected provided that Filinvest will shoulder the expense in the construction of the access road,” he said.



Published in the Sun.Star Cebu newspaper on September 24, 2011.

Edited by David_LivinginTalisay
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The bottom line is this- for whatever reason- the American got pissed off, and decided to handle the matter in a very confrontational manner ! He went looking for trouble- and found it . You alway

i think we're talking about a baby at 2 years old really not a kid playing in the street i don't know if that baby was almost run down while on the side of the road or on a sidewalk or if she was in

The whole thread is about a foreigner who moved to Corona del Mar recently and from Day one started to become a regular nagger who files lots and lots of nagging complaints about everything.   He th

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Great minds think alike - Morris and Garcia have more in common than they realise.


Morris used signs to slow speeding drivers inside the subdivision, and Garcia used parked vehicles to prevent access to other vehicles because of a 'dusty road' inside the subdivision.

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Home » Cebu » Local News

Byron may face criminal raps





By Davinci S. Maru and Oscar C. Pineda

Friday, September 23, 2011

FORMER Capitol Security Consultant Byron Garcia may be slapped with a criminal complaint for carrying a high-powered firearm without a permit to carry license.

In a related development, Talisay Mayor Socrates Fernandez served a cease and desist order yesterday morning against Filinvest Land Inc. (FLI) for violating a subdivision plan, which Garcia also complained together with a 200-strong homeowners association.

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Cebu Provincial Police Office (CPPO) Director Patrocinio Comendador, on the other hand, said they are studying what charges to be filed against Garcia for carrying an AK47 assault rifle outside his house.

“From what I know, if it has a license, then the police can’t charge him. But if his firearm doesn’t have a license of permit to carry, it’s another story,” he told reporters yesterday.

Talisay Police Station Chief Eddie Recamara told Sun.Star Cebu that he already gave the incident report about the flare-up of Garcia and American National Wayne Morris to the provincial director.

The report disclosed that Garcia and Morris reportedly fought over road barriers last Monday morning inside the Corono Del Mar Subdivision in Barangay Pooc, Talisay City.

The brother of Cebu Gov. Gwendolyn Garcia allegedly wielded his rifle against the American, who installed the road signs as a caution for motorists.

In the substantial portion of the police investigation, Comendador said the incident between Garcia and the American constitute as light threat.

“It can be solved in the barangay,” he said.

Although, Comendador said, it depends on the two parties if they will file complaints against each other.

Supt. Rex Derilo, head of the Firearms, Explosives, Security Agencies and Guards Supervisory Section (Fessags), recommended the revocation of Garcia’s license after the latter surrendered it to him.

He previously said the police don’t give civilians a permit to carry long firearms, particularly a powerful assault rifle. Only officials who belong to the executive department may be exempted from the rule.

Notice served

Meanwhile, officials of the zoning task force of Talisay City served the notice of violation against Filinvest yesterday.

Mayor Socrates Fernandez said they saw lapses in the development permit of Filinvest after extending their subdivision project.

The company violated the permit after building inside the Escala subdivision seven houses and other model houses.

The mayor also said the extension project caused pollution and nuisance to other homeowners.

Teachers and parents of students at the Pooc Elementary School in Talisay City protested against these trucks for causing hazard to students.

Officials of Barangay Pooc, on the other hand, said it will revoke the barangay clearance of FLI for its project Escala Subdivision.

“We will hold a special session tomorrow and we will pass a resolution revoking their barangay clearance,” said Pooc Barangay Captain Doroteo Emit. Both Corona and Escala are located in Barangay Pooc.

He said they will also ask City Planning and Development Office (CPDO) and Office of Building Official (OBO) to revoke any permit or development plan issued to FLI until violations are corrected and all requirements are complied with.

Escala Subidivision is adjacent Corona Del Mar Subdivision, the area where two homeowners association presidents are up against each other and claiming legitimacy.


The conflict started after subdivision residents complained of undelivered promises of FLI on the subdivision.

With the start of Escala Subdivision project, adjacent to Corona, another complaint from subdivision residents cropped up as homeowners were not consulted when portion of their perimeter fence was opened to provide access to heavy equipment.

Even the barangay was not consulted on the project as City officials and Emit noted some violations during their meeting last Wednesday, Sept 21.

These are, Emit said, absence of a building permit in the construction of housing units; no prior consultation when developer broke Corona’s perimeter fence; and their failure to comply with the 20 percent requirements.

The law provides that 20 percent of the area of their project must be allocated to socialized housing.

Emit said the opening of the perimeter fence gave access to heavy equipment traversing the area, hauling aggregates, and has turned the road muddy to the detriment of sitio Tambis residents.

Emit, whose barangay is the home of 18,000 individuals, is also a member of Corona Del Mar Homeowners Association.


Published in the Sun.Star Cebu newspaper on September 23, 2011.


Think this just a 'Summary', and nothing will happen until the Barangay 'Mediation' Meeting


The parties are set to meet in the Pooc barangay hall on Oct. 10.


Hopefully common sense will prevail, and both parties will appologise, and unite as Home owners and want to work together with the HOA Members to improve thigs and get Filinvest to meet their obligatiopns and seek permission from Home oners before trying to add on Extensions that were never on the Plans over 10 Years ago, so if they are on the Mater Pland now, they were added illegally possibly?


Byron Garcia is the elected President /Charman of the Corona del Mar HOA, so he should start acting as one to ALL Corona del Mar Eesidents and Home Owners, if he wants their trust, support and participation.


Perhaps Byron Garcia saw those signs (provided by Filinvest) as more assertion and disruption by Filinvest, and got angry @ Filinvest.


When Wayne Morris confronted Garcia, he should have introduced himself as Resident and Home Owner that is nominated for President / Chairman, and explained the confrontatin and battles they have been having with Filinvest, but they are having an Official Meeting by the Home Owners to formally form a legal HOA under the HLURB so they can fight the water charges, the problems and lack of maimntenance and the features and ammenities that were on the master Plan and deeds of Sale that still not been provided more than 10 years later and yer they trying to add new Developments as part of Corona del Mar so they can share the Common areas to the detroment of the exisiting Corona del Mar Home owners and increase their profits.


I am sure Wayne Morris should have calmed down if he understood the real situation, and would then be participationg in the fight (unless he was a 'plant', but feedback from the HOA, suggests neither party want to press charges at this stage so it awaints that October 10th Mediation and should be the end of the matter hopefully).

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Hi Everyone

Somebody asked how many people were present when Byron Garcia was elected president. Well the question should be how many people were present when FI elected themselves on the board. In the 4 yrs i have been here there has never been a vote. You would think there would at least be a re-election in a democrtic country.

Fi board members also do not live in Corona Del Mar they all reside in Manila and show know interest in Corona Del Mar. The people I also feel sorry for are those who have bought Condos on FI new project on the SRP.

Oh yes one more thing we have a public water tank in CDM but it is not functional as FI did not get a permit to build it so Veco will not install the electrics.

Thats all I can think of for now bye


I asked because I wondered if this was done by a large group of the owners or just one or two who were dissatisfied.


In the US the builder usually controls the HOA until a certain percentage of the properties are sold. In the Philippines this often takes years from what I have seen. It is also not uncommon in the Philippines to see the promised amenities take years to complete if ever.

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