Cebu City councilor Jerry Guardo and his wife Ailien, are in hot water.
Two residents of Cebu City who claimed to be their buyer/clients of a housing project which they allegedly failed to develop have filed separate cases of “OTHER DECEITS (Paragraph 1, Article 318 of the Revised Penal Code)” against them in the Cebu City Prosecutors Office.
Alex Tumulak Gacho of F. Pacana, Tisa claimed the Guardo’s failed to construct his housing unit while Concepcion Jamila Sinday of Nichols Heights, Guadalupe alleged that she was not refunded of her equity that was paid despite a written demand letter to the couple.
In separate complaints filed last Feb. 27 and 28, 2019 respectively, the complainants identified the Guardo’s as owner-proprietors of Jacar Enterprises/ Univille Homes, the developer of Elena Townhomes in Brgy Kalunasan.
Gacho had his affidavit complaint sworn to Pros.Venice Balansag while Sinday had it to Pros. Mario Ley Gidayawan.
Both included as exhibits of their complaints photo copies of official receipts of their transactions and their demand letters.
Guardo a reelectionist councilor for Cebu City North district under the Bando Osmena-Pundok Kauswagan (BO-PK) of Mayor Tomas Osmena is not immediately available for his comment as of posting time.
Gacho said he paid P460, 000 as equity pay for Unit 1, Phase 2 from June 2015 to May 2016 but the Guardo’s failed to construct his unit until the couple eventually decided that businessman Ronald “Raddy” Diola would assume the project.
Diola advised Gacho to get the refund from the Guardo’s but the couple allegedly refused despite a demand letter prompting him to file the complaint.
Before Diola took over, the Guardo’s allegedly bought time to secure the bank that would finance the construction, first with the Phil. Business Bank and the BPI Family Bank but despite submitting all their requirements to the Guardo’s no construction happened.
“The refusal and continued refusal of the Respondents to return the amount I paid without justifiiable reason despite the fact that they have not started with the construction of the project only bolster the contention that they merely concocted promises in order for me to part with my hard- earned money for their own personal use thereby causing damage to me,” a portion of Gacho’s affidavit read.
For her part, Sinday alleged that she paid P317, 500 to the respondents covering her reservation fee and equity from January 2017- April 2018 as she stopped paying the balance of her two years 20% equity on monthly basis through post dated checks (PDC’s) after she learned that the promise to have the housing project built and finished by 2019 never happened at all as no construction has ever been done by the respondents.
She also learned that Diola would assume in developing the project prompting her to write the Guardo’s a demand letter for refund but she was not paid.
“I am executing this complaint affidavit to attest to the truth of the foregoing facts to support the filing of criminal case against respondent JERRY I. GUARDO and MARIA AILIEN R. GUARDO for violation of Paragraph 1 Article 318 of the Revised Penal Code and for whatever purpose it may serve, ” Sinday in her affidavit stated.
Apart from the refunds of the amounts which they claimed that they paid to the Guardo’s, Gacho and Sinday also demanded that each of them be paid P500, 000 in moral damages, P300, 000 in exemplary danages and P100, 000 for Attorney’s fees.
The Guardo’s are residents of Barangay Sambag 1. Before he was elected City Councilor Jerry was its Barangay Captain. His wife used to be the head of the Barangay Mayors Office (BMO).