Case vs Lakeshore executive dismissed

The Quezon City Regional Trial Court has thrown out a petition filed by a real estate broker against the owner of the Lakeshore Subdivision in Mexico, Pampanga regarding the payment of his commission which he claimed was illegally withheld.

In a 12-page order, QC RTC Branch 220 Judge Jose Paneda dismissed for lack of cause of action the petition of Luisito Hipolito seeking a commission of P4 million in the form of 10 hectares of raw lands within the Lakeshore Subdivision and P100,000 in moral damages.

Court records showed that Nestor Mangio, as chairman and president of CCEI, entered into a joint venture agreement with Sta. Lucia Realty and Development Inc. (SLRD) on Sept. 12, 2002 for the development of CCEI’s 48-hectare property into a first-class subdivision to be named Lakeshore.

When Hipolito, who brokered the agreement, sought his two percent share of the saleable area as his commission from the CCEI, the latter turned down his demand, arguing that it was not the party under obligation to pay his commission but the SLRD as contained in the agreement. Because of this rejection, Hipolito filed the case.

In the same suit, Hipolito also claimed that the CCEI unilaterally revoked the joint venture agreement with SLRD in violation of its provisions.

He also questioned the CCEI’s alleged failure to secure an environmental and land conversion clearances.

But the court, in siding with Mangio and the CCEI, said a careful perusal of the agreement showed that Hipolito does not have any cause of action against Mangio nor the CCEI.