Republic of the Philippines

Office of the President

Malacañang, Manila

JEFF L. CANOY,
Complainant-Appellee, O.P. CASE No. 01-I-071

-v e r s u s- HLURB CASE No.

REM-A-000626-0018
SUNRISEVILLE MANAGEMENT
AND DEVELOPMENT CORPORATION, FOR:
Respondent-Appellant.
x- - - - - - - - - - - - - - - - - - - - - - - - - - - x REFUND DUE TO
NON-DEVELOPMENT
CRISTINA Y. BOHOL,
Complainant-Appellee,

-v e r s u s- HLURB CASE No.

REM-A-000626-0119
SUNRISEVILLE MANAGEMENT
AND DEVELOPMENT CORPORATION,
Respondent-Appellant.
x- - - - - - - - - - - - - - - - - - - - - - - - - - - x

MOTION TO REMAND RECORDS

TO COURT OF ORIGIN FOR EXECUTION

COMPLAINANT-APPELLEE JEFF L. CANOY, by and through

counsel, unto this Honorable Office most respectfully avers: THAT---

1. The decision of this Honorable Office in the above-captioned case

dated 27 February 2017 has become final and executory.

2. The decision was received by the undersigned on 12 March 2017

the appellant likewise received the same in the same period regardless of the
more distant provincial address of the undersigned than the adverse party in
Makati City. To be sure, the undersigned wrote a letter to the Records
Section of this Honorable Office on 28 April 2017 inquiring the date when
the appellant received a copy of said decision, a copy of which is hereto

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attached and made an integral part hereof. The failure of the records section
to act upon this letter will allow the legal presumption that there was regular
performance of this Honorable Office to have delivered a copy of the
decision to the adverse party within the regular mailing period.

3. Under Section 4 of Rule 43 of the 1997 Rules of Civil Procedure,

the appellant has 15 days from notice within which to take his appeal.

4. About 90 days have lapsed from March 12, 2017 and no appeal has
been taken either before the Court of Appeals or the Supreme Court.

WHEREFORE, in view of the foregoing facts and circumstances, it

is respectfully prayed of this Honorable Office to remand the records of this
case to the Housing and Land Use Regulatory Board, Region VIII, Tacloban
City for proper disposition of the dispositive portion of the final and
executory decision rendered by this Honorable Office.

Such other reliefs and remedies just and equitable in the premises are
also prayed for.

Tacloban City for Manila, Philippines. 13 June 2017.

DOMINADOR S. DE CADIZ JR.

Counsel for Complainant Brenda S. Banzon
Neptune Alley, Phase 2-B Extension,
Brgy. 109-A, V & G Subd., Tacloban City
Roll No. 23645
IBP Lifetime No. 00812
PTR No. 2017451; 1-3-17; Tacloban City

COPY FURNISHED/NOTICE OF HEARING

SUNRISEVILLE MANAGEMENT
AND DEVELOPMENT CORP.
C/O WINONA F. RYDER,
Chairman of Board of Directors
Rm. 907, National Life Insurance Bldg.

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Ayala Avenue, Makati City

Please be advised that the foregoing motion shall be submitted for the
consideration of the Honorable Office immediately upon receipt hereof sans
oral argument.

DOMINADOR S. DE CADIZ JR.

THE RECEIVING CLERK

Office of Legal Affairs
Office of the President
Malacanang, Manila

Kindly submit the foregoing motion for the consideration of the

Honorable Office immediately upon receipt hereof sans oral argument.

DOMINADOR S. DE CADIZ JR.

WRITTEN EXPLANATION

Copy of the foregoing motion was sent by registered mail with return
card to appellant SUNRISEVILLE MGT. & DEV. CORP. through its Board
Chairman Winona Ryder because of the geographical distance between the
office of the undersigned and the adverse party.

DOMINADOR S. DE CADIZ JR.

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