Estafa charges vs. Atan Guardo's wife

CEBU, Philippines – Clarissa Guardo, wife of defeated congressional candidate Jonathan Guardo, is now facing an estafa case and a criminal suit for violation of Presidential Decree 957 after allegedly selling a property without notifying the buyer that the property is under mortgage.

The complainant is a family from Leyte who bought the house and lot package from Clarissa last October on the condition that the property is free from any liens and encum-brances.

But when the family checked with the Registry of Deeds recently, they found out that the property is under mortgage at Banco de Oro Unibank for the sum of P7.921 million.

The real estate mortgage was executed by the Guardo couple in July 2009, three months before they bought the lot.

In the complaint, Bianca May Arguilles alleged that when she signed the Contract to Sell with Clarissa for 120-square meter house and lot at the Geo Townhomes, she was promised that the property is free from any obligation.

Clarissa, in response, allegedly gave them a copy of a Certified True Copy Transfer Certificate of Title No. T-190998 that is clean of any remarks. The title shows that the owner is the Guardo couple.

The Arguilles family was more convinced when Clarissa indicated in the pre-prepared Contract to Sell under Warranties that the seller has absolute right and title to sell and transfer the House and Lot Package to the purchaser and that the same is free from any obligations.

Arguilles signed the contract in October 23, 2009 and paid in cash and in six checks a total amount of P354,450 of the total P2.8 million price.

They were told to issue the checks to Sweet Land Realty and they were issued a receipt that had a logo but no Bureau of Internal Revenue seal.

Clarissa promised that the construction of the house will be completed after six months from the signing of contract but more than 10 months have passed and the property re-mained unlivable except for the two model houses currently occupied.

The family kept on following up the status of the construction until they found out that the property is under mortgage prompting them to revoke the agreement and demanded for a refund but Clarissa allegedly ignored their communications saying that she was always busy and had no time for them.

Rene Bautista, Arguille's lawyer said that Guardo did not only dupe the family but also violated Presidential Decree 957 because the subdivision, Geo Townhomes, is a project not registered at the Housing Land Use Regulatory Board.

Pursuant to PD 957, the registered owner of a parcel of land who wishes to convert it into a subdivision project shall submit his subdivision plan and other requirements to the proper authority to be registered.

"The money paid for this is from the earnings of an Overseas Filipino Worker (OFW) and you know that it is hard-earned money. At least they have to return it," Bautista said.

Alvin Butch Cañares, the couple's lawyer said that Geo Townhomes cannot be considered a subdivision because it is only a small-scale development ventured into by his clients. He also insisted that there was nothing illegal in the transaction because no law was violated in the sale of the property.

"If they just talked to the seller and not brought it to the media and court, I'm sure they would have come out with a satisfactory agreement. I still have to talk with my clients if they amenable to the refund," he said. (FREEMAN)