Man sues six persons over CDA loan records

A man has sued six persons over the alleged refusal to permit him access to Commonwealth Development Authority records.

Joaquin M. Manglona sued Theresita B. Baza and sisters Tracy B. Pangelinan, Josephine B. Pangelinan, Catherine B. Pangelinan, and Melissa P. McConnell.

Manglona, through counsel Douglas F. Cushnie, asked the Superior Court to order the defendants to authorize and make available to him all records from CDA relating to the loan of Baza.

The plaintiff requested the court to stop any attempt at foreclosure of his interest in a lot containing 2,379 square meters.

He asked the court to confirm the title of the lot to him, having fully satisfied all obligations under a lease agreement contract.

Cushnie stated in the complaint that Manglona and Herman S.N. Pangelinan entered a lease of real property containing the subject lot on Dec. 31, 1984.

Baza is the widow of Herman Pangelinan, and the remaining defendants are children of Herman Pangelinan.

Cushnie said that, on June 18, 1997, defendants entered into a “conditional contract of sale of real property” with Manglona, covering the subject lot.

A provision of the contract sets forth a purchase price for the property of $250,000.

A section of the contract, Cushnie said, provides that a payment of $10,000 be made upon execution of the contract.

That section of the contract, he said, provides that Manglona is to pay a CDA loan in the principal sum of $120,000 owed by Baza over a period of time.

“That section of the contract provides for a payment of the balance in the amount of $108,506.20, this figure being arrived at by deduction from the original contract amount of payments made on the CDA loan,” the lawyer said.

He said the defendants have demanded of Manglona that he pay an alleged outstanding balance on the contract and they also have threatened imminent foreclosure.

“Plaintiff has requested of defendants access to the CDA payment records showing the payments that have been made by Manglona, as well as any refinancing that it is believed has occurred, records which CDA will not release without the permission of Baza,” Cushnie said.

That information, the lawyer pointed out, is necessary to establish the amount paid under the provision of the contract.

“Defendants have failed and refused to provide access to CDA records, leaving Manglona without firm, verifiable information as to the amount due under the contract,” he said.

Cushnie added that such refusal to permit access to CDA records have made the contract impossible for plaintiff to perform.