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1.

The petitioners are the majority of the residents and members of


Emapalico Homes, Inc., as represented by
____________________________, with Joint Special Power of
Attorney attached herewith, with common mailing address at
____________________;

2. The respondents are the incumbent officers of the Emapalico Homes,


Inc., a duly registered homeowner’s association with office address at No.
4, Ruby Street, Emapalico Homes Subdivision, Talon I, Las Piñas City,
where it may be served with processes and orders of this Honorable Court;

3. On July 12, 2013, the HLURB Board of Commissioners ordered for the
creation of COMELEC in a special meeting;

4. On July 28, 2013, EHI election was conducted based on the 2012 by-
laws, the Complainants’ group participated in the said election by fielding
seven candidates;

5. On July 20, 2014, the members of the Elected Board were declared
winners in the Housing and Land Use Regulatory Board (HLURB)
conducted election for EHI’s Board of Directors;

6. The Court of Appeals, in its decision dated December 22, 2015, reversed
the decision of the HLURB and declared the election conducted on July
20, 2014 as invalid. Thus, the incumbent Board has served their first term
of office for 2015-2017;

7. On 2017, upon the supposed expiration of their term of office, the


incumbent Board conducted an election wherein the nominees were
declared disqualified to run and hold position in the Board. Hence, the
incumbent Board were then re-elected.

8. The Board, in its recently conducted election, committed patent


irregularities when it failed to comply with the procedures set out in
Section 59 of the IRR of RA 9904;

9. For this reason, the incumbent Board of Directors had been holding
their position, and discharging its functions and Section 3 of the
association’s By-laws were observed;

10.

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