CEBU, Philippines - MSY Holdings Corp., owner and developer of Bayswater Subdivision has filed before the Regional Trial Court in Cebu City a P5-million damage lawsuit against an Australian and his Filipina wife for slandering and defaming the name of the corporation.
Based on the 11-page complaint filed by the corporation against spouses Vincent Paul Logan and Jaye Logan, the couple talked with prospective buyers telling them that they were not satisfied with their services.
The complaint said that Vincent even wrote malicious e-mails to the corporation’s clients living abroad.
The spouses, who held a press conference sometime last April, allegedly said that they were harassed by the corporation when they sought for a refund and that they were given a contract that was not notarized instead of a deed of sale.
The spouses went on saying that they paid their house and lot in full last November and hoped to move in this year only to learn that the house was not finished and that the lot number has no record before the Registry of Deeds.
The spouses, sometime in 2009 signed a reservation application for two pre-sold housing units to be constructed on two parcels of land and were apprised that the entire project was still in the horizontal development phase and that construction of housing units will commence after the completion of the horizontal development on June 2010.
The complaint further stated that the spouses cannot seek refund as the corporation was not at fault as to their obligations in delivering the housing unit.
The complaint added that the contract to sell, though not notarized, remains a valid and binding contract between the parties and that only upon full payment of the contract price will the corporation issue a deed of absolute sale in favor of the buyers.
Aside from the P5 million damaged suit, the corporation also asked for P100,000 as exemplary damages, P200,000 in attorney’s fees and to reimburse the corporation the cost of the lawsuit. — THE FREEMAN