Beruflich Dokumente
Kultur Dokumente
Gallant Soriano
FACTS:
The complaint was filed by Teresita Payawal against
Solid Homes, Inc. before the Regional Trial Court of
Quezon City. Teresite, alleged that Solid Homes sold to
her a subdivision lot in Marikina on June 9, 1975, for P
28,080.00, and that by September 10, 1981, she had
already paid the full amount of P 38,949.87 including
interests. Solid Homes subsequently executed a deed
of sale over the land but failed to deliver the
corresponding certificate of title because it was later
discovered that Solid Homes had mortgaged the
property in bad faith to a financing company. The
plaintiff asked for delivery of the title to the lot or,
alternatively, the return of all the amounts paid by her
plus interest. She also claimed moral and exemplary
damages, attorney's fees and the costs of the suit.
Solid Homes moved to dismiss the complaint on the
ground that the court had no jurisdiction, this being
vested in the National Housing Authority under PD No.
957.
ISSUE:
Authority
has
the
HELD:
Yes. The applicable law is PD No. 957, as amended by
PD No. 1344, entitled "Empowering the National
Housing Authority to Issue Writs of Execution in the
Enforcement of Its Decisions Under Presidential Decree
No. 957."
SECTION 1. In the exercise of its function to
regulate the real estate trade and shall
have exclusive jurisdiction to hear and
decide cases of the following nature:
A. Unsound
practices;
real
estate
business
FACTS
CGA entered into a Contract to Sell a subdivision lot4
(subject property) with the respondents the registered
owners and developers of a housing subdivision known
as Villa Priscilla Subdivision located in Bulacan. Under
the Contract to Sell, CGA would pay P2,373,000.00 for
the subject property on installment basis; they were to
pay a down payment of P1,186,500, with the balance
payable within three years. Subsequently, the parties
mutually agreed to amend the Contract to Sell to Instead of filing an answer, the respondents filed a
extend the payment period from three to five years.
motion to dismiss asserting that the RTC had no
jurisdiction over the case. The respondents claimed
According to CGA, it religiously paid the monthly
that the case falls within the exclusive jurisdiction of
installments until its administrative pastor discovered
that the title covering the subject property was actually the HLURB since it involved the sale of a subdivision
part of two consolidated lots (Lots 2-F and 2-G Bsd-04- lot. CGA opposed the motion to dismiss, claiming that
000829 [OLT]) that the respondents had acquired from the action is for rescission of contract, not specific
Nicanor Adriano (Adriano) and Ceferino Sison (Sison), performance, and is not among the actions within the
respectively. Adriano and Sison were former tenant- exclusive jurisdiction of the HLURB.
beneficiaries of Purificacion S. Imperial (Imperial)
whose subject property had been placed under ISSUE
Presidential Decree (PD) No. 27s Operation Land Which of the two the regular court or the HLURB has
Transfer. According to CGA, Imperial applied for the exclusive jurisdiction over CGAs action for rescission
retention of five hectares of her land under Republic and damages.
Act No. 6657, which the Department of Agrarian Reform
(DAR) granted. The DAR Order authorized Imperial to HELD
retain the farm lots previously awarded to the tenant- HLURB has exclusive jurisdiction over CGAs action for
beneficiaries, including Lot 2-F previously awarded to rescission and damages.
Adriano, and Lot 2-G Bsd-04-000829 awarded to Sison.
Rationale for HLURBs extensive quasi-judicial
Understandably aggrieved after discovering these powers
circumstances, CGA filed a complaint against the
respondents before the RTC. CGA claimed that the The surge in the real estate business in the country
brought with it an increasing number of cases between
respondents fraudulently concealed the fact that the
subdivision owners/developers and lot buyers on the
subject property was part of a property under litigation; issue of the extent of the HLURBs exclusive
thus, the Contract to Sell was a rescissible contract jurisdiction. The courts have consistently ruled that the
under Article 1381 of the Civil Code. CGA asked the HLURB has exclusive jurisdiction over complaints
trial court to rescind the contract; order the arising from contracts between the subdivision
respondents to return the amounts already paid; and developer and the lot buyer or those aimed at
compelling the subdivision developer to comply with its
award actual, moral and exemplary damages,
contractual and statutory obligations to make the
attorneys fees and litigation expenses.
subdivision a better place to live in.
Generally, the extent to which an administrative
agency may exercise its powers depends largely, if not
jurisdiction over all final judgments, resolutions, orders, and related facilities owned by Maria Cristina Fertilizer
Corporation (MCFC), LOI No. 1277, also dated
or awards or RTC and quasi-judicial agencies,
November 16, 1982, was issued directing the NSC to
instrumentalities, including SEC and CSC.
negotiate with the owners of MCFC, for and on behalf
of the Government, for the compensation of MCFCs
present occupancy rights on the subject land.
Iron and Steel Authority vs CA 249 SCRA 538