THE PROBLEM: Bedroom ceiling at a top-end BGC condominium collapses on sleeping family and the developer has refused to take responsiblity
THE INCIDENT: At 1am of July 25, Thania Alcantara, her husband and two children woke up in their loft apartment, on the fourth floor of Bellagio Tower Two in BGC, to the sound of gushing water and falling debris.* Fearing it was an earthquake, they got out of the bedroom and ran to the first floor of their condo.
Thania and her family went down to the lobby and waited for the property manager to explain what happened, but after waiting for hours, neither the property manager nor the property developer’s representative showed up. So they had no choice but to spend the night at her parent’s house.
Thania returned the following day to found out what really happened: the ceiling had collapsed on their bed.
“They said that their maintenance contractor, MLS Service, was replacing a water valve on the 19th floor at 1am and may not have closed the valves properly and water gushed out,” she tells Coconuts Manila.
“When we checked the unit again, we saw an opening around the exhaust duct which is all the way up to the 30th floor. It turns out that there was a shaft directly above our ceiling which ends on my unit. I had it inspected by engineers and building safety experts and they said that opening is supposed to be sealed.”
THE RESPONSE: The developer’s engineers and construction people finally inspected the unit on Oct 25 — three months after the incident. Their VP said it is standard practice not to seal vertical openings. But according to the building code it should be,” explains Thania.
The developer’s customer relations department has since offered Thania and her family a new one bedroom unit. But she is not accepting, since they wanted her to pay extra. “They are basing the unit prices from the pre-selling rate instead of the current rate. So no deal,” she explains.
They have also given her a letter of recommendation on repairs that need to be done in her unit. Thania in return asked them for a due diligence report. She is still waiting for it. After four months of waiting, Thania and her husband, William has filed a formal complaint against the property developer at the HLURB. No date has yet been set on the hearing.
SHOULD COULDA WOULDA: The aggrieved owners have been able to wait patiently for four months without filing any charges. This means they are open to negotiation. The developer should just fix the ceiling, replace damaged furniture and objects, and figure out ways to prevent this from happening again. If word gets out that they are cutting corners just to meet deadlines and cost, they are putting themselves in a bad spot with consumers. They should also have tried resolving this as soon as possible and not allowed it to drag on for months.
*This sentence has been updated for clarity and accuracy. The original sentence was, “At 1am of July 25, the ceiling literally came down on Thania Alcantara, her husband and two children while they were asleep in their loft apartment on the fourth floor of Bellagio Tower Two in BGC. They woke up to the sound of water gushing and falling debris.”
UPDATE [Dec 10, 10pm] Coconuts Manila has received a reply from Megaworld Corporation through Harold C. Geronimo, director of Strategic Marketing and Communications, and we are printing their official statement in full below.
To put things in perspective and to avoid misinformation, Megaworld Corporation (“Megaworld”) deems it proper to reply to the article published on 9 December 2013 at 2:18pm at the blog site Coconuts Manila, entitled “Should coulda woulda: Ceiling collapses in BGC condo”
Let it be clarified at the outset that Megaworld is not unmindful of this situation. Megaworld coordinated with the concerned parties early on and it was able to confirm the cause of the accident.
The article made a statement that “the ceiling literally came down on Thania Alcantara, her husband and two children while they were asleep …” This is not accurate. While it is unfortunate that an accident did occur last 25 July 2013 which affected Unit 4J of The Bellagio II owned by Spouses William and Thania Alcantara, no one got hurt.
Megaworld completed The Bellagio II condominium project sometime in 2009. It was issued the appropriate permits and certificates, particularly the Certificate of Occupancy before it was occupied by residents. Megaworld has already turned over the condominium units to buyers and the administration of the condominium to the Homeowners Association/Condominium Corporation years ago. Megaworld delivered Unit 4J to Spouses Alcantara in good order and condition in 2010. Unit 4J is a one bedroom lofted unit.
On 25 July 2013, more than four years after Megaworld dutifully completed the condominium project, the water leak incident transpired. The official report of persons present at the building and who immediately investigated the same, reveal that the water leak came from the 19th floor which was caused by human error of the building’s plumber while he was replacing a worn-out water gate valve in the 19th floor. It was confirmed that he was not able to properly close the isolation valve located at the 18th floor which caused pressurized water to come out uncontrollably when he removed the worn-out gate valve at the 19th floor.
The building’s plumber is under the employ of MLS Builder and Service Corporation (“MLS”), the maintenance services provider of The Bellagio II, under a contract with the Homeowners’ Association/Condominium Corporation.
It so happened that the downward trajectory of the water coming from the 19th floor flowed and found its way ultimately above the ceiling of Unit 4J. Water flowed to this area solely because of the negligence of the plumber in failing to properly close the isolation water valve at the 18th floor when he was performing maintenance works for the water system of the condominium. In other words, had the plumber properly closed the isolation valve, this would not have happened.
Because of the accumulation of water directly above it, the ceiling of the bedroom area of Unit 4J caved in.
The negligence of the plumber was occasioned during maintenance and repair works on water utilities of The Bellagio II, which is under the responsibility of the Homeowners’ Association/Condominium Corporation, not Megaworld.
The property management office conducted an investigation of the incident. Similar to the findings of the Security Department in its Incident Report, the property management office found that the root cause of the problem is “Human Error” of the plumber, under the employ of MLS.
Upon coordination by the property management office with MLS, the latter acknowledged its responsibility over the mistake of its plumber, which caused damage to Unit 4J. Thus, MLS assured Spouses Alcantara that it will shoulder all the expenses for the restoration and repairs of the unit including rental fees for temporary residence of Spouses Alcantara. For this purpose, MLS issued a check in the amount of Php144,000 and another one in the amount of Php104,468.00 both in favor of Spouses Alcantara to defray the initial expenses for these.
Meanwhile, Spouses Alcantara relocated to a much bigger two bedroom condominium unit for their temporary accommodation commanding a monthly rent of Ph80,000.00 plus Php4,000 parking rental plus association dues of Php9,632.00. Based on reports, the temporary accommodation belongs to a sibling of Mrs. Alcantara. These expenses are being shouldered by MLS.
Megaworld’s engineers, without admission of any violation, but acting proactively and for the best interests of the unit owners of The Bellagio II, made specific action plans and recommendations to address the concerns, even if the said utilities are not the proximate cause of the ceiling’s collapse. The action plan would have been completed within fifteen (15) days.
Instead of giving their go-signal so that the recommended action plan on the utilities above Unit 4J can be performed, and Unit 4J can finally be repaired and restored, both without any expense on the part of Spouses Alcantara, they filed a Complaint on 18 November 2013 with the HLURB, asking instead for damages of Php4,500,000.00 (1 Million for actual damages, 3 Million for moral damages, Php500,000.00 for attorney’s fees) plus rental expenses of Php93,632.00 per month until the case is settled with finality.
Spouses Alcantara have already gone to the proper forum, the HLURB. Megaworld has already filed its Answer to the Complaint, explaining thoroughly its position on the matter. At the HLURB, Spouses Alcantara can claim what they feel is the appropriate relief. It, thus, comes as a surprise to Megaworld that Spouses Alcantara resorted to social media to voice out their grievance. With the large amount of damages being claimed, and the timing of the publication of the article, and considering that there is already an existing case with the HLURB, one cannot help but think that this is being used to put pressure on Megaworld to give in to the claims for damages.
To date, the appropriate works, which concerned parties are willing and ready to do without any expense on the part of Spouses Alcantara, have not commenced because Spouses Alcantara have not allowed access to their unit for the purpose. They prefer to leave the one bedroom Unit 4J in a non-habitable condition and stay instead in the 2 bedroom condominium unit reportedly owned by Mrs. Alcantara’s sibling, at MLS’ expense.
With this, we trust that the foregoing has sufficiently clarified the matter. Since the case is already with the HLURB, we are hopeful that the controversy can be decided expeditiously. Let us allow the HLURB to do its job in deciding the case since it is already sub judice. This controversy cannot be settled by continuous ranting and expression of views and opinions through social media. Rather, it can be definitively settled and decided, by no other than, the HLURB, after affording the parties their right to due process.
MORE SHOULDA COULDA WOULDA:
– MMDA traffic enforcers parked on C5 eating soup from illegal vendor
– Plant box in the middle of Edsa causes Ayala traffic
– Waiting for your turn in banks
– Streetlamps in Coronado Street
– Better traffic light managment on Makati Ave cor JP Rizal
Is there an issue in your community that you’re dying to solve? It could be anything from stray cats in your village to late garbage collection. Tell us what SHOULDA WOULDA COULDA been done. Just click on the human icon on the upper right hand side of the page, register and log-in and post your suggestion. Don’t forget to use an active email address so we can get in touch with you for fact-checking and other details. Alternatively, email us at manila@coconuts.co with ‘Shoulda coulda woulda‘ in the subject title.
pcametro says
According to the latest PCAB list of licensed contractors, MLS' Builder and Service Corporation is not licensed. As such, by law they are not allowed to engage in construction contracting activities in the country and are guilty of an offense in terms of the provisions of RA 4566. The Association should therefore not have utilized their services. it would also be interesting to know whether a Construction Safety and Health Program was approved by DOLE for the work carried out by MLS' Builder and Service Corporation as required by DOLE DO 13.
Keith Watkins says
Another thought for all those who view this feature, is Megaworld is quick to point out how it secured approvals for the project in question.
The article relates to The Bellagio II, and from an old document of Cease and Desist orders, as issued by the Housing and Land Use Regulatory Board, I see this project had in the past been issued such "Order".
On the 17th May 2005, The Bellagio II had no Certificate of Registration nor License to Sell.
The issuance of any Cease and Desist order by the HLURB is because of actual violations to laws or regulations, or to deter a developer from violating the fore mentioned.
Obviously at that time in 2005, the developer had it seems no HLURB authority to advertise and sell such Project, and HLURB is seen to act to protect the rights of unit buyers, and uphold the provisions of law, as you cannot sell without a License to Sell.
Who knows how long such "Order" was in place, but I advise of such to show that developers do have difficulties in securing proper authority for their Projects, and it is we unit buyers who are meant to check if there is a License to Sell in any project that we buy into.
Undoubtedly Megaworld was at some point able to fully comply with HLURB requirements to then secure its approvals, but if serves to show, that in the lifetime of that particular project, Megaworld did not have the necessary approvals required even just for the advertising and selling of this Project.
In fact, in the project I reside in, both Megaworld and Empire East have successfully established a condominium project, with very limited HLURB approvals, so it would seem that even HLURB, law, rules, regulations and procedures do not ensure that buyers rights are protected.
Building Permits and Certificate of occupancy are not issued through the HLURB, but through the local government building office, but even then, there is no guarantee of due and proper procedure and compliance with existing laws.
In the Megaworld/Empire East project I reside in, one building was issued a Building Permit some 20 months after it had been open to the public! The developer is penalized, but secures a Building Permit. OK, yes it has a permit now, but is it right to have built without one in the first place?
On another occasion I am also aware of a Building Permit being issued on the same day the developer Empire East applied for such! I have never encountered anywhere a process where such a Permit can be done on the same day.
So even the issuance of approvals can hide what really has been happening. It then leaves a buyer unable to trust either the developer, or even government offices and public servants. Again, I learnt that it is hard to trust anyone, and that buying a condominium unit in the Philippines is a gamble, and should we be gambling with our families livelihood, and even their safety and security?
Enah Pantaleon says
I think all the developers have it's own ups and downs.but among all the big names in real estate industry nowadays.ako po personally i like how dmci develop a community.although medyo sablay lang po sila minsan sa location,pero still they can sell it fast at very reasonable price lang dahil sila na rin po kasi ang contractor kaya less expensive ang mga units.correct me if i'm wrong.i think DMCI din po ang nag ooffer ng 2 years service warranty of workmanship upon acceptance of your unit.for me it's a good basis na rin po siguro na they offer a longer service warranty to prove na matibay at pulido talaga ang pagkakagawa ng mga developments nila 🙂
Keith Watkins says
I am a "victim" of a Megaworld/Empire East condominium project where it is difficult to find what law, rule and regulation has not been broken!
So to see Megaworld to have to go on the defensive to protect the reputation of a company well versed in non compliance with the establishment of condominium projects does seem a joke.
I quote from "Megaworld" statement, This controversy cannot be settled by continuous ranting and expression of views and opinions through social media. Rather, it can be definitively settled and decided, by no other than, the HLURB, after affording the parties their right to due process. " unquote.
Is the public not allowed to express its views then. Is there to be a total media shutdown then on every single complaint or case that is filed in this country?
I take it then that Megaworld does not support the public backlash over the PDAF "pork scam" that saw social media take action and fight against corruption. From such, we see "public servants" under the spotlight for their actions and now being finally held accountable to the people of this country.
Megaworld does not want a repeat of the press it received when his honor ex Chief Justice Corona was in the spotlight, and in particular, the humungous discount he enjoyed for a Megaworld condominium unit at …….. The Bellagio! Yes, it has long been forgotten.
Why open up old wounds, that had the public laughing as we witnessed Megaworld making its excuses on discounting a penthouse unit that was not even finished! Laugh as we watched Megaworld squirming to provide documentary evidence to support their claims in court, we could only sit and imagine someone sat at the computer generating documentation …..lol.
Megaworld seeks only to control the media. As his Excellency President Noynoy has stated, he wants to see "good press", he does not want to keep reading about the bad things that are happening.
But the plain and simple fact is bad things are happening, and if we are to follow Megaworlds statement, then are we not allowed an opinion? Are we not allowed to say anything? Of course there is two sides to every story, but ultimately Megaworld does not want "bad press", irrespective on who is to blame for this incident.
I am sure most bloggers, and FB members are fully aware that you really see little of any complaints against the "top developers". I could only presume then that they are company's of "good repute", or they just shut down and eradicate any bad press issued against them?
For my part, I have experienced even "hacking" on FB, I have had "threats" issued against me, and whilst it will always be impossible to track down who these people really are, is it so bad in this country that you cannot publish the truth?
I would assume that the family concerned, like many others, including myself, has to resort to air their grievances as they see nothing done. Filing a civil complaint with HLURB, really is a "last resort" when it seems no one is listening to you and nothing is getting done.
I have been there, seen it, done it, and could write a book on how a corrupt realty industry operates in this country.
The fact is social media, and readers comments does not affect how HLURB operates, and arbitrates in civil complaints. In a civil case, if neither party can make a "compromise agreement", then the arbiter is left with making a "resolution" based on the documentary evidence supplied to them.
"Ranting and expression of views" on this site will have no bearing on the case filed at HLURB, it serves though to show how people feel about this particular issue, and even Megaworld itself.
Instead of going on the defensive, Megaworld should be seen to be proactive in trying to comply with the provisions of law, rules, and regulations in the development of condominium projects, and providing after sales customer service to its unit buyers. Okay Megaworld has a right to react to such article, but to criticize those who offer an opinion, means then there is only one way in this country, and that is the Megaworld way.
The fact is that Megaworld are seen to have to step in to try and discredit this article, and apportion the blame elsewhere, but nobody but themselves is stepping in to defend themselves.
Megaworld has spent many years preaching on how good a developer it is.
But as the saying goes, "People in glass houses should not throw stones". Meaning that Megaworld is vulnerable as it seeks to attack what is purely a legitimate social media site and an article, seeing them on the defensive trying to pick fault whilst actually not resolving the situation that exists.
So Megaworld let the situation degenerate so that this family had to resort to civil action. Of course we do not know the full story, we do not know if there are other motives, but the fact is that they could not resolve their problems with Megaworld, as Megaworld would seek to make more money by moving this family into another unit.
Megaworld knows full well how HLURB and its legal system works! Without "compromise agreement ", and "resolution" made, then such system allows appeal after appeal after appeal, seeing complaints drag on for years. It is not a system that caters for justice, it is a system that caters for only those who can afford to go to court, and who can wait for years for final resolution.
Megaworld should get its own house in order, before casting aspersions on others. If Megaworld and its staff can put their hands on their hearts and say that everything that they have ever done is as per the laws of this land, then cast your stones, but see what damage you do to yourselves. If Megaworld is seen to act fairly and properly with its customers, then it should reap rewards.
Why does Megaworld have to be seen to try and make money out of somebody's misfortune?
Keane Fajardo says
Hello Ms Thania Alcantara, if your main issue is you have been waiting for quite some time for a report from the developer, how come you are suing them for P4.5 million just for a report that has not been given to you? The developer has offered you FREE repairs for your unit which you didn't allow, so why resort to financial demands, renumeration, compensation or whatever you want to call it which all boils down to MONEY?
That is why I am questioning your purpose, intention and psychological status.
ana banana says
MLS' Builder & Service Corporation has issued its official statement
Keane Fajardo says
I think the culprit has admitted their fault na.
Yoj Salazar says
Megaworld has been partnering with top contractors since a few years ago…. partners nila include EEI, DATEM, Monolith…
ana banana says
An excerpt from Megaworld's Official Statement
"This controversy cannot be settled by continuous ranting and expression of views and opinions through social media. Rather, it can be definitively settled and decided, by no other than, the HLURB, after affording the parties their right to due process. "
ana banana says
http://chuvaness.com/10-things-condo-owners-should-know/#disqus_thread
"Once you’ve moved in, make sure your association that collects the monthly dues spends the money wisely. You don’t want to see couches with holes and carpets with stains at the lobby. Hopefully your garbage disposal doesn’t stink and the building and its utilities are maintained. Because if shit happens, the developer is no longer liable. It’s your investment after all."
Related Posts Plugin for WordPress, Blogger…
Thania Alcantara says
Hi Daniel Delos Santos, all I'm waiting for is the due diligence report from Megaworld's technical team and a 3rd party building and safety specialist team which they will choose. This request was made in good faith, this is the only reason why I haven't allowed anyone to touch my unit. It will also be the basis for whatever needs to be done to make sure the incident doesn't happen again. However, even with countless emails, I still haven't gotten any report.
I hope you would consider why this is important to me, I want to live there again, and for my peace of mind, I need an assurance that my family's life will not be put at risk again. This was not a slow leak that happened, it was like I had a waterfall in my unit, from the loft to the main floor, and it was flowing through the light fixtures. I also hope you read the incident report carefully because there is a part there which was done by your property manager that "upon observation there was a gap in the ceiling" which they filled up haphazardly without knowing the requirements needed to ensure it will be safe.
Would you not mind if I just stayed in the Bellagio 2 lobby while I wait for my unit to be fixed so nobody needs to reimburse me for any relocation expenses I have incurred. Let me know and I'll move back to Bellagio, but need to be in the lobby for the AC.
However, I do understand that there is very little I can do to make a dent in how you do your business. You're all so used to these cases and have a ready script for it. I just hope somehow, Megaworld will be more responsible and be strict with compliance to safety codes and build according to the standards. Not the standard practice of mediocrity and negligence that you all seem to be protecting so well.
Mike Acuna says
response by megaworld:
https://www.facebook.com/notes/harold-brian-geronimo/megaworld-official-statement-social-media-posts/10151767200541576
Daniel Delos Santos says
Yes Mr.Rem Brofar… 🙂 Once a developer turn-over the unit, we first let clients inspect the unit, we call it "Punch Listing" they are accompanied by an Engineer from our Operation Department, if they see some defects or even a small damage you can refuse to accept that unit, but once unit is accepted they signed the acceptance form and forwarded to our operation and the Building Admin takes over.
Eventhough they accepted the unit, the unit has 1 year warranty. Megaworld already given a statement of the incident that happen. No one got hurt nor died.
Rem Brofar says
Question. 🙂 Ang alam ko pag tinurn-over na ung building sa homeowners, diba responsibility na ng Association yun?