Beruflich Dokumente
Kultur Dokumente
husband Francisco against herein respondent and some other persons. The first case is for
specific performance and/or rescission of contract and reconveyance of property with damages.
It was filed with the then Court of First Instance (CFI) of Iloilo City and docketed as Civil Case
No. 10853. The case was dismissed by the CFI. On appeal, the Intermediate Appellate Court
(IAC) upheld the decision of the trial court. When the case was brought to this Court, [16] the
decision of the IAC was affirmed. Subsequently, the Court's judgment in this case became final
and executory per Entry of Judgment issued on May 27, 1991.
Subsequently, in 1992, the Spouses Pe filed a case for nullification of contract, cancellation of
titles, reconveyance and damages with the RTC of Iloilo City. This is the case presently cited by
petitioners. Eventually, the case, docketed as Civil Case No. 20181, was dismissed by the lower
court on the ground of res judicata. The RTC held that Civil Case No. 10853 serves as a bar to
the filing of Civil Case No. 20181, because both cases involve the same parties, the same
subject matter and the same cause of action. On appeal, the CA affirmed the dismissal of Civil
Case No. 20181. Herein petitioner Anita assailed the judgment of the CA before this Court, but
her petition for review on certiorari was denied via a Resolution[17] dated January 22, 2003. On
June 25, 2003, the said Resolution became final and executory. The Court notes that the case
was disposed with finality without any showing that the issue of ejectment was ever raised.
Hence, respondent is not barred from filing the instant action for ejectment.
In any case, it can be inferred from the judgments of this Court in the two aforementioned
cases that respondent, as owner of the subject lots, is entitled to the possession thereof. Settled
is the rule that the right of possession is a necessary incident of ownership. [18] Petitioners, on
the other hand, are consequently barred from claiming that they have the right to possess the
disputed parcels of land, because their alleged right is predicated solely on their claim of
ownership, which is already effectively debunked by the decisions of this Court affirming the
validity of the deeds of sale transferring ownership of the subject properties to respondent.
Petitioners also contend that respondent should have filed an accion publiciana and not an
unlawful detainer case, because the one-year period to file a case for unlawful detainer has
already lapsed.
The Court does not agree.
Sections 1 and 2, Rule 70 of the Rules of Court provide:
Section 1. Who may institute proceedings and when. - Subject to the provisions of the next
succeeding section, a person deprived of the possession of any land or building by force,
intimidation, threat, strategy, or stealth, or a lessor, vendor, vendee, or other person against
whom the possession of any land or building is unlawfully withheld after the expiration or
termination of the right to hold possession, by virtue of any contract, express or implied, or the
legal representatives or assigns of any such lessor, vendor, vendee, or other person, may, at any
time within one (1) year after such unlawful deprivation or withholding of possession, bring an
action in the proper Municipal Trial Court against the person or persons unlawfully withholding or
depriving of possession, or any person or persons claiming under them, for the restitution of
such possession, together with damages and costs.
Section 2. Lessor to proceed against lessee only after demand. - Unless otherwise stipulated,
such action by the lessor shall be commenced only after demand to pay or comply with the
conditions of the lease and to vacate is made upon the lessee, or by serving written notice of
such demand upon the person found on the premises, or by posting such notice on the premises
if no person be found thereon, and the lessee fails to comply therewith after fifteen (15) days in
the case of land or five (5) days in the case of buildings.
Respondent alleged in his complaint that petitioners occupied the subject property by his mere
tolerance. While tolerance is lawful, such possession becomes illegal upon demand to vacate by
the owner and the possessor by tolerance refuses to comply with such demand. [19] Respondent
sent petitioners a demand letter dated December 1, 1999 to vacate the subject property, but
petitioners did not comply with the demand. A person who occupies the land of another at the
latter's tolerance or permission, without any contract between them, is necessarily bound by an
implied promise that he will vacate upon demand, failing which a summary action for ejectment
is the proper remedy against him.[20] Under Section 1, Rule 70 of the Rules of Court, the oneyear period within which a complaint for unlawful detainer can be filed should be counted from
the date of demand, because only upon the lapse of that period does the possession become
unlawful.[21]Respondent filed the ejectment case against petitioners on March 29, 2000, which
was less than a year from December 1, 1999, the date of formal demand. Hence, it is clear that
the action was filed within the one-year period prescribed for filing an ejectment or unlawful
detainer case.
Neither is the Court persuaded by petitioners' argument that respondent has no cause of action
to recover physical possession of the subject properties on the basis of a contract of sale
because the thing sold was never delivered to the latter.
It has been established that petitioners validly executed a deed of sale covering the subject
parcels of land in favor of respondent after the latter paid the outstanding account of the former
with the Philippine Veterans Bank.
Article 1498 of the Civil Code provides that when the sale is made through a public instrument,
the execution thereof shall be equivalent to the delivery of the thing which is the object of the
contract, if from the deed the contrary does not appear or cannot clearly be inferred. In the
instant case, petitioners failed to present any evidence to show that they had no intention of
delivering the subject lots to respondent when they executed the said deed of sale. Hence,
petitioners' execution of the deed of sale is tantamount to a delivery of the subject lots to
respondent. The fact that petitioners remained in possession of the disputed properties does not
prove that there was no delivery, because as found by the lower courts, such possession is only
by respondent's mere tolerance.
Lastly, the Court does not agree with petitioners' assertion that the filing of the unlawful
detainer case was premature, because respondent failed to comply with the provisions of the
law on barangay conciliation. As held by the RTC, Barangay Kauswagan City Proper, through
its Pangkat Secretary and Chairman, issued not one but two certificates to file action after
herein petitioners and respondent failed to arrive at an amicable settlement. The Court finds no
error in the pronouncement of both the MTCC and the RTC that any error in the previous
conciliation proceedings leading to the issuance of the first certificate to file action, which was
alleged to be defective, has already been cured by the MTCC's act of referring back the case to
the Pangkat Tagapagkasundo of Barangay Kauswagan for proper conciliation and mediation
proceedings. These subsequent proceedings led to the issuance anew of a certificate to file
action.
WHEREFORE, the instant petition is DENIED. The assailed Decision and Order of the Regional
Trial Court of Iloilo City, Branch 24, are AFFIRMED.
SO ORDERED.
THIRD DIVISION
[G.R. No. 143173. March 28, 2001]
The instant petition for review on certiorari seeks the annulment of the
decision of the respondent Court of Appeals [1] dated December 14, 1999
affirming the decision of the Regional Trial Court which reversed and set
aside the judgment of the Metropolitan Trial Court of Manila, Branch 15, for
forcible entry, as well as the resolution dated May 4, 2000 denying
petitioners motion for reconsideration.[2]
Spouses Pedro and Veronica Ong are the registered owners of Lot
No.18, Block 2 of the subdivision plan II of Rizal Park subdivision, situated
in Sta Cruz, Manila covered by TCT No. 218597, having purchased the
property from the spouses Emilio Magbag and Norma B. Pascual in
1994. Adjacent to Lot No. 18 is Lot No.17 consisting of about 109 sq.
meters covered by TCT No. 125063 registered under the name of Visitacion
Beltran, grandmother of respondent Socorro Parel.
On May 25, 1995, the Ong spouses filed an action for forcible entry
against defendant Parel before the Metropolitan Trial Court of Manila,
Branch 15, docketed as Civil Case No. 148332, alleging among other
things that defendant Parel through strategy and stealth constructed an
overhang and hollow block wall along the common boundary of the parties
adjoining lot, i.e., beyond Lot No. 17 owned by Parel and inside Lot No.18
owned by plaintiffs spouses Ong, thereby illegally depriving plaintiffs of
possession of the said portion of their lot; that plaintiffs discovered
respondents illegal possession of their lot on August 23, 1994 when they had
the boundaries of their lot resurveyed; that plaintiffs made various demands
from the defendants to remove the constructions they introduced in the said
lot of the plaintiffs and vacate the same, the last of which demands having
been made on December 19, 1994.
6.WHETHERORNOTTHECHARACTEROFTHEPOSSESSION
ACQUIREDINBADFAITHWASINHERITEDBYTHEPRIVATE
RESPONDENTANDDIDNOTCHANGE;
7.WHETHERORNOTTHEDECISIONOFTHERESPONDENT
COURTOFAPPEALSISBASEDONSPECULATIONSURMISEOR
CONJECTUREORMISAPPREHENSIONOFFACTS.
Petitioners essentially allege that the act of entering and trespassing
upon a parcel of land, or of constructing improvements upon a parcel of land
without the knowledge or permission of the person who owns or administers
it is an act of dispossession and usurpation of real property by means of
strategy or stealth; that private respondent is a usurper or encroacher who
constructed a portion of her house and adobe and hollow block wall on the
land of the petitioners with no bona fide claim and without the consent of
the owner.
The petition has no merit.
Section 1, Rule 70 of the Rules of Court requires that in actions for
forcible entry the plaintiff is allegedly deprived of the possession of any land
or building by force, intimidation, threat, strategy, or stealth and that the
action is filed any time within one year from the time of such unlawful
deprivation of possession. This requirement implies that in such cases, the
possession of the land by the defendant is unlawful from the beginning as he
acquires possession thereof by unlawful means. The plaintiff must allege
and prove that he was in prior physical possession of the property in
litigation until he was deprived thereof by the defendant. The one year
period within which to bring an action for forcible entry is generally counted
from the date of actual entry on the land, [8] except that when entry was made
through stealth, the one year period is counted from the time the plaintiff
learned thereof.[9] If the alleged dispossession did not occur by any of the
means stated in section 1, Rule 70, the proper recourse is to file a plenary
action to recover possession with the regional trial court. [10]
In their complaint, petitioners Ong spouses aver that through stealth and
strategy respondent constructed the controversial overhang and hollow
block wall along the common boundary of the parties adjoining lots
which encroached on petitioners Lot No. 18. Stealth is defined as any secret,
sly, or clandestine act to avoid discovery and to gain entrance into or remain
within residence of another without permission. [11] However, petitioners failed to
establish that respondents encroached upon their property through stealth as it was not shown when and
how the alleged entry was made on the portion of their lot.
On the other hand, respondents claim that the said structures were
already existing on the lot at the time petitioners brought the same from the
Magbag spouses in 1994, was sustained by the lower court since petitioners
admitted in their petition that they discovered such encroachment only after
a relocation survey on their lot on August 23, 1994. We find no reason to
disturb the respondent courts factual conclusion that the alleged
encroachments were made by the late Visitacion Beltran at a time when she
still owned both lots nos. 17 and 18 or when she had all the right and power
to do so. Private respondent in her affidavit submitted before the court had
affirmed that her grandmother, Visitacion Beltran, was the registered owner
of the parcel of land covered by TCT No. 125163 (Lot No. 17) with
improvements which include the window sill overhang and the old adobe
wall which were constructed as early as 1956 and these improvements are
adjacent to the private alley from Elias Street which has to be opened and
maintained as long as there exists building thereon; that the maintenance of
such alley was made as an encumbrance in petitioners title (TCT No.
218597) when they bought the adjacent Lot no. 18. Petitioners failed to
present evidence to the contrary.
It becomes clear that this is not a proper case for forcible entry wherein
one party unlawfully deprives another of possession of the property subject
of the litigation; it is a boundary dispute wherein the adobe wall, overhang
and window grill on the respondents side of the property encroach a total of
4.29 meters, more or less, upon the petitioners side of the property. We
affirm with approval of the observations of the Regional Trial Court, in this
wise:
Letitbeemphasizedthatthemattersubjectofthepresentactionisthat
portiononlyofLotNo.18allegedlyencroachedbythedefendantappellant
andnotLot18initsentirety.
WhiletherewasafindingofencroachmentonLotNo.18asperthe
CommissionersReportandEngineersReportdatedDecember27,1995and
December29,1995,respectively,plaintiffappelleesfailedtorecountthe
circumstancesastohowandwhendefendantappellantallegedlyforcibly
enteredLotNo.18.Neitherwasthereanyevidenceeverprofferedbythem
toprovethatdefendantappellantmadeoratleastorderedtheintroduction
ofthesaidimprovementsorconstruction.Accordingtothem,theMagbag
spousesgavethemtherighttoadminister,occupyandtohavephysical
possessionintheconceptofanowner,LotNo.18onJune17,1994untilthe
titletothesaidlotwastransferredtotheirnamesonOctober28,1994and
theyhavejustdiscoveredtheencroachmentonLotNo.18onlyonAugust
23,1994whentheyhadtheboundariesofLotsNos.17and18
resurveyed.Defendantappellant,ontheotherhand,averredthatthe
questionedimprovementsandconstructionsencroachingonLotNo.18
werealreadytheresince1956,andthisavermentwasnotcontrovertedby
theplaintiffappelleesatall.Thus,thetruthisthat,whendefendant
appellantacquiredLotNo.18,theadobewall,overhangandwindowgrill
werealreadythereencroachingonLotNo.18asitwasthelateSalvacion
(sic)[12]Beltranwhobuiltthesame.Infact,evenuptothepresent,
defendantappellantisstillinpossessionofthehereinquestionedpremises
whichmeansthatplaintiffappelleeswereneverinpossessionofthe
same.Thelatter,therefore,cannotbesaidtobeinpriorphysical
possession.Thedemandmadeonthedefendantappellantishereofno
momentasitisawellentrenchedjurisprudencethatdemandtovacateisnot
necessaryinforcibleentrycases(Menezvs.Militante,41Phil.44).
Consequently,forfailureoftheplaintiffappelleestocircumstantiateprior
physicalpossessiononthehereinsubjectpremisesandthefactofentryon
thesamebythedefendantappellantbyforce,intimidation,violenceor
stealth,thepresentactionforforcibleentrymustexigentlyfail.Moreover,
thisCourtnotesthatatthetimetheimprovementsweremade,thelate
Salvacion(sic)BeltranwasstilltheregisteredownerofbothLotsNos.17
and18.Thuswhileitmaybetruethatdefendantappellantisnowthe
administratorofLotNo.17,defendantappellantcannotbemadetoanswer
fortheencroachmentsonLotNo.18forthesameweredonebythelate
Salvacion(sic)Beltranwhohadalltherightandpowertointroducethe
improvementsasshewasthentheregisteredownerofbothLotsNos.17
and18atthetimethesameweremade.Whileplaintiffappellees
canrecoverpossessionofthehereinquestionedpremises,theycannotdoso
intheguiseofanactionforforcibleentry.Forwherethecomplaintfailsto
specificallyaverfactsconstitutiveofforcibleentryorunlawfuldetainer,as
whereitdoesnotstatehowentrywaseffectedorhowandwhen
dispossessionstarted,theactionshouldeitherbeACCIONPUBLICIANA
orACCIONREINVINDICATORIAforwhichthelowercourthasno
jurisdiction(SeeSarona,etal.vs.Villegas,etal.,March27,1968,Banayos
vs.SusanaRealty,Inc.L30336,June30,1976).
In view of the failure of the petitioners to allege, much less prove, with
specificity that the respondents unlawfully entered their portion of the lot
either by force, intimidation, threat, strategy, or stealth this action for
forcible entry must necessarily fall. We declared in the case of Sarmiento vs.
Court of Appeals:[13]
Thejurisdictionalfactsmustappearonthefaceofthecomplaint.Whenthe
complaintfailstoaverfactsconstitutiveofforcibleentryorunlawful
detainer,aswhereitdoesnotstatehowentrywaseffectedorhowandwhen
dispossessionstarted,asinthecaseatbar,theremedyshouldeitherbe
anaccionpublicianaoranaccionreivindicatoriaintheproperregionaltrial
court.
Ifprivaterespondentisindeedtheownerofthepremisessubjectofthissuit
andshewasunlawfullydeprivedoftherealrightofpossessionorthe
ownershipthereof,sheshouldpresentherclaimbeforetheregionaltrial
courtinanaccionpublicianaoranaccionreivindicatoria,andnotbefore
themunicipaltrialcourtinasummaryproceedingofunlawfuldetaineror
forcibleentry.Forevenifoneistheowneroftheproperty,thepossession
thereofcannotbewrestedfromanotherwhohadbeeninthephysicalor
materialpossessionofthesameformorethanoneyearbyresortingtoa
summaryactionforejectment.Thisisespeciallytruewherehispossession
thereofwasnotobtainedthroughthemeansorheldunderthecircumstances
contemplatedbytherulesonsummaryejectment.
Wehaveheldthatingivingrecognitiontotheactionforforcibleentryand
unlawfuldetainer,thepurposeofthelawistoprotectthepersonwhoinfact
hasactualpossession,andincaseofacontrovertedproprietaryright,thelaw
requiresthepartiestopreservethestatusquountiloneortheotherseesfitto
invokethedecisionofacourtofcompetentjurisdictionuponthequestionof
ownership."
Petitioners contention that although they denominated their complaint as
one for forcible entry based on the ground of stealth, the allegations in the
body of the complaint sufficiently established a cause of action for unlawful
detainer, does not persuade us. In unlawful detainer, one unlawfully
withholds possession thereof after the expiration or termination of his right
to hold possession under any contract, express or implied. In the instant
case, the complaint does not allege that the possession of respondent ever
changed from illegal to legal anytime from their alleged illegal entry before
plaintiffs made the demand to vacate. There was no averment in the
complaint which recites as a fact any overt act on the part of the petitioners
which showed that they permitted or tolerated respondent to occupy a
portion of their property.
After a finding that the petitioners failed to make a case for ejectment,
we find it unnecessary to dwell on the other assignments of error.
WHEREFORE, the petition is DENIED and the assailed decision of
respondent Court of Appeals is hereby AFFIRMED.
SO ORDERED.
Melo, (Chairman),
JJ., concur.
Vitug,
SECOND DIVISION
[G.R. No. 126699. August 7, 1998]
AYALA
CORPORATION, petitioner,
vs. RAY
DEVELOPMENT CORPORATION, respondent.
BURTON
DECISION
MARTINEZ, J.:
A parcel of land (Lot 26, Block 2, of the subdivision plan [LRC] Psd6086, being a portion of Block D, described as plan [LRC] Psd-5812
LRC [GLRO] Rec. No. 2029) situated in the Municipality of Makati,
Province of Rizal, Is. of Luzon. Bounded on the NE., points 2 to 3 by
Lot 31, Block 2 (Creek 6.00 m. wide) of the subdivision plan, on the
SE., points 3 to 4 by Lot 27, Block 2 of the Subdivision plan; on the
SW, points 4 to 5, by proposed Road, 17.00 m. wide (Block C[LRC]
Psd-5812); points 5 to 1 by Street Lot 2 (17.00 m. wide) of the
a) The vendee must obtain final approval from AYALA of the building
plans and specifications of the proposed structures that shall be
constructed on the land;
b) The lot shall not be sold without the building having been
completed; and
c) Any breach of the stipulations and restrictions entitles AYALA to
rescission of the contract.
As a result of the sale, a Transfer Certificate of Title No. 132086 [4] was
issued in the name of KARAMFIL. The said special conditions and restrictions
were attached as an annex to the deed of sale and incorporated in the
Memorandum of Encumbrances at the reverse side of the title of the lot as
Entry No. 2432/T-131086.
On February 18, 1988, KARAMFIL sold the lot to Palmcrest Development
and Realty Corporation (PALMCREST) under a Deed of Absolute Sale [5] of
even date. This deed was submitted to AYALA for approval in order to obtain
the latters waiver of the special condition prohibiting the resale of the lot until
after KARAMFIL shall have constructed a building thereon. AYALA gave its
written conformity to the sale but reflecting in its approval the same special
conditions/restrictions as in the previous sale. AYALAs conformity was
annotated on the deed of sale. [6]PALMCREST did not object to the stipulated
conditions and restrictions.[7]
Office of the President issued a Resolution dated April 21, 1992, [25] modifying
the February 13, 1992 order, ruling: (1) that RBDC is bound by the original
Deed Restrictions, but it has the option to accept and be bound by the
Revised Deed Restrictions in lieu of the former; and (2) that the HLRB
decision dated 22 August 1990, to the extent that it absolved Ayala from the
charge of unsound business practice, subject of the basic complaint, is
affirmed. This time RBDC moved for a reconsideration of the April 21, 1992
Order, but the motion was denied in a Resolution dated October 15, 1993.
[26]
Another Resolution of March 21, 1994 [27] was issued denying with finality
RBDCs second motion for reconsideration.
AYALA then filed a Manifestation[28] in Civil Case No. 91-220, informing the
trial court of the pertinent rulings/resolutions in the proceedings before the
HLRB and the Office of the President, which rulings, AYALA suggested,
amount to res judicata on the issue of the validity and enforceability of the
Deed Restrictions involved in the said civil case.
After trial on the merits, the trial court rendered a Decision on April 28,
1994 in favor of RBDC, the dispositive portion of which reads:
minimum requirements of P.D. No. 1096 (The National Building Code), the
Deed Restrictions may not be followed by RBDC; and (5) the rulings of the
HLRB and the Office of the President do not have binding effect in the instant
case.
Dissatisfied, AYALA appealed to the Court of Appeals which affirmed the
judgment of the trial court in a Decision [30] dated February 27, 1996 in CA-G.R.
CV No. 46488. AYALAs motion for reconsideration was likewise denied in the
Resolution[31] of October 7, 1996.
AYALA now interposes the present petition for review on certiorari, citing
several errors in the decision of the Court of Appeals, some of which involve
questions of fact.
The resolution of factual issues raised in the petition would certainly call
for a review of the Court of Appeals findings of fact. As a rule, the reexamination of the evidence proffered by the contending parties during the
trial of the case is not a function that this Court normally undertakes inasmuch
as the findings of fact of the Court of Appeals are generally binding and
conclusive on the Supreme Court.[32] The jurisdiction of this Court in a petition
for review on certiorari under Rule 45 of the Revised Rules of Court is limited
to reviewing only errors of law.[33] A reevaluation of factual issues by this Court
is justified when the findings of fact complained of are devoid of support by
the evidence on record, or when the assailed judgment is based on
misapprehension of facts.[34]
The present petition has shown that certain relevant facts were
overlooked by the Court of Appeals, which facts, if properly appreciated,
would justify a different conclusion from the one reached in the assailed
decision.
The principal error raised here by petitioner AYALA pertains to the Court
of Appeals finding that RBDC did not have actual or constructive notice of the
42-meter height restriction, since what was annotated on its (RBDCs) title is
the erroneous 23-meter height limit which, according to AYALAs own witness,
Jose Cuaresma, was not applicable to RBDC. [35] Thus, the Court of Appeals
concluded, RBDC has the right to enjoy the subject property as if no
restrictions and conditions were imposed thereon.[36]
The above finding and conclusion of the Court of Appeals, AYALA
submits, are based on surmises and conjectures which are contrary to the
evidence on record and (RBDCs) own admissions. [37]
There is merit in AYALAs submission.
The erroneous annotation of the 23-meter height restriction in RBDCs title
was explained by Jose Cuaresma, AYALAs Assistant Manager for Marketing
and Sales. Cuaresma testified that when the deed of sale between
PALMCREST and RBDC was submitted to the Register of Deeds of Makati
and the corresponding title was issued in the name of RBDC, the Register of
Deeds annotated the wrong height limit in Entry No. 2432 on the said title, but
he emphasized that the incorrect annotation does not apply to RBDC. [38]
Jose Cuaresma further clarified that the correct height restriction imposed
by AYALA on RBDC was 42 meters.[39] This height ceiling, he said, is based
on the deed of restrictions attached as annex to the deed of sale, [40] and
the same has been uniformly imposed on the transferees beginning
from the original deed of sale between AYALA and KARAMFIL. [41]
This clarificatory statement of Jose Cuaresma should have cautioned the
Court of Appeals from making the unfounded and sweeping conclusion that
RBDC can do anything it wants on the subject property as if no restrictions
and conditions were imposed thereon, on the mistaken premise that RBDC
was unaware of the correct 42-meter height limit. It must be stressed that
Cuaresmas testimony is bolstered by documentary evidence and
circumstances of the case which would show that RBDC was put on notice
about the 42-meter height restriction.
The record reveals that the subject Lot 26 was first sold by AYALA to
KARAMFIL under a deed of sale (Exhibit "A") dated March 20, 1984 and duly
notarized by Notary Public Silverio Aquino. Attached to the deed of sale is an
appendix of special conditions/restrictions (deed restrictions), which
provides, inter alia, that the building to be constructed on the lot must have a
total height of not more than 42 meters, and that any building plans and
specifications of the proposed structures must have the approval of
AYALA. The deed restrictions were incorporated in the memorandum of
encumbrances at the reverse side of the title of the lot as Entry No.
2432. When the lot was sold by KARAMFIL to PALMCREST, the deed of sale
(Exhibit "B") on this transaction bears an annotation of AYALA's conformity to
the transfer, with the condition that the approval was "subject to the
compliance by the vendee of the special conditions of sale on the reverse
side of the deed of sale dated March 20, 1984, per Doc. No. 140, Page No.
29, Book No. 1, Series of 1984 of Notary Public Silverio F. Aquino" (Exhibit "B1"). PALMCREST later resold the lot to RBDC by virtue of a deed of sale
(Exhibit "C"), to which AYALA's approval was also annotated therein (Exhibit
"C-1"), but with the same explicit inscription that RBDC, as vendee, must
comply with the special deed restrictions appended to the AYALAKARAMFIL deed of sale of March 20, 1984. All these three (3) deeds of sale
and the accompanying special deed restrictions imposing a 42-meter height
limit, were duly registered with the Register of Deeds. Thus, RBDC cannot
profess ignorance of the 42-meter height restriction and other special
conditions of the sale.
Verily, the deed restrictions are integral parts of the PALMCREST-RBDC
deed of sale, considering that AYALA's required conformity to the transfer,
as annotated therein, was conditioned upon RBDC's compliance of the
deed restrictions. Consequently, as a matter of contractual obligation, RBDC
is bound to observe the deed restrictions which impose a building height of
not more than 42 meters.
Moreover, RBDC was fully aware that it was bound by the 42-meter height
limit. This is shown by the fact that, pursuant to the special
conditions/restrictions of the sale, it submitted to AYALA, for approval, building
plans for a 5-storey structure with a height of 25.85 meters. Certainly, RBDC
would not have submitted such plans had it truly believed that it was restricted
by a lower 23-meter height ceiling, in the same manner that RBDC did not
seek AYALAs approval when it later made another set of building plans for
the 26-storey Trafalgar Plaza, knowing that the same would be disapproved
for exceeding the 42-meter height restriction. The fact that RBDC was later
issued a building permit from the Makati City Engineer's Office for the
construction of the Trafalgar Plaza is not a valid justification to disregard the
stipulated contractual restriction of 42 meters.
Another error which AYALA claims to have been committed by the Court
of Appeals is the latters finding that AYALA, under the principle of estoppel, is
now barred from enforcing the deed restrictions because it had supposedly
failed to act against other violators of the said restrictions. AYALA argues that
such finding is baseless and is contrary to the Civil Code provisions on
estoppel and applicable jurisprudence.
We agree with the petitioner.
In support of its finding that estoppel operates against AYALA, the Court
of Appeals merely cited its decision dated November 17, 1993, in CA-G.R. SP
No. 29157, entitled Rosa-Diana Realty and Development Corporation,
Petitioner vs. Land Registration Authority and Ayala Corporation,
Respondents, and reiterated its findings therein, to wit:
Even assuming that petitioner RDR violated the floor area and height
restrictions, it is markedly significant that Ayala disregarded the fact
that it had previously allowed and tolerated similar and repeated
violations of the same restrictive covenants by property owners which
it now seeks to enforce against the herein petitioner. Some examples
building permit.[47] It is noteworthy that after the submission of the second set
of building plans to the Building Official, RBDC continued to make
representations to AYALA that it would build the five-storey building in
accordance with the first set of plans approved by AYALA, obviously for the
purpose of securing the release of the title of the subject lot to obtain bank
funding. AYALA relied on RBDC's false representations and released the said
title. Hence, RBDC was in bad faith.
AYALA further assigns as error the finding of the respondent court that,
while the Deed of Sale to Ray Burton (RBDC) did not appear to be a contract
of adhesion, however, the subject Deed Restrictions annotated therein
appeared to be one.[48] The only basis for such finding is that the Deed
Restrictions and Special Conditions were pre-printed and prepared by AYALA,
and that RBDCs participation thereof was only to sign the Deed of Sale with
the said restrictions and conditions.[49]
The respondent court erred in ruling that the Deed Restrictions is a
contract of adhesion.
A contract of adhesion in itself is not an invalid agreement. This type of
contract is as binding as a mutually executed transaction. We have
emphatically ruled in the case of Ong Yiu vs. Court of Appeals, et. al.[50] that
contracts of adhesion wherein one party imposes a ready-made form of
contract on the other x x x are contracts not entirely prohibited. The one who
adheres to the contract is in reality free to reject it entirely; if he adheres he
gives his consent. This ruling was reiterated in Philippine American General
Insurance Co., Inc. vs. Sweet Lines, Inc., et. al.,[51] wherein we further
declared through Justice Florenz Regalado that not even an allegation of
ignorance of a party excuses non-compliance with the contractual stipulations
since the responsibility for ensuring full comprehension of the provisions of a
contract of carriage (a contract of adhesion) devolves not on the carrier but on
the owner, shipper, or consignee as the case may be.
Contracts of adhesion, however, stand out from other contracts (which are
bilaterally drafted by the parties) in that the former is accorded inordinate
vigilance and scrutiny by the courts in order to shield the unwary from
deceptive schemes contained in ready-made covenants. As stated by this
Court, speaking through Justice J.B.L. Reyes, in Qua Chee Gan vs. Law
Union and Rock Insurance Co., Ltd.: [52]
The courts cannot ignore that nowadays, monopolies, cartels and
concentration of capital, endowed with overwhelming economic power,
manage to impose upon parties dealing with themcunningly prepared
agreements that the weaker party may not change one whit, his participation
in the agreement being reduced to the alternative to take it or leave it labeled
since Raymond Saleilles contracts by adherence (contracts d adhesion) in
contrast to those entered into by parties bargaining on an equal footing. Such
contracts (of which policies of insurance and international bill of lading are
prime examples) obviously call for greater strictness and vigilance on the part
of the courts of justice with a view to protecting the weaker party from
abuses and imposition, and prevent their becoming traps for the unwary.
[53]
(Emphasis supplied)
The stringent treatment towards contracts of adhesion which the courts are
enjoined to observe is in pursuance of the mandate in Article 24 of the New
Civil Code that "(i)n all contractual, property or other relations, when one of
the parties is at a disadvantage on account of his moral dependence,
ignorance, indigence, mental weakness, tender age or other
handicap, the courts must be vigilant for his protection."
Thus, the validity and/or enforceability of a contract of adhesion will have
to be determined by the peculiar circumstances obtaining in each case and
the situation of the parties concerned.
In the instant case, the stipulations in the Deed Restrictions and Special
Conditions are plain and unambiguous which leave no room for
interpretation. Moreover, there was even no attempt on the part of RBDC to
prove that, in the execution of the Deed of Sale on the subject lot, it was a
weaker or a disadvantaged party on account of its moral dependence,
ignorance, mental weakness or other handicap. On the contrary, as testified to
by Edwin Ngo, President of RBDC, the latter is a realty firm and has been
engaged in realty business,[54] and that he, a businessman for 30 years,
[55]
represented RBDC in the negotiations and in the eventual purchase of the
subject lot from PALMCREST.[56] Edwin Ngo's testimony proves that RBDC
was not an unwary party in the subject transaction. Instead, Edwin Ngo has
portrayed RBDC as a knowledgeable realty firm experienced in real
estate business.
In sum, there is more than ample evidence on record pinpointing RBDCs
violation of the applicable FAR restrictions in the Consolidated and Revised
Deed Restrictions (CRDRs) when it constructed the 27-storey Trafalgar
Plaza. The prayer of petitioner is that judgment be rendered as follows:
(1) The Deed Restrictions are valid and petitioner AYALA is not
estopped from enforcing them against lot owners who have not yet
adopted the Consolidated and Revised Deed Restrictions;
(2) Having admitted that the Consolidated and Revised Deed
Restrictions are the applicable Deed Restrictions to Ray Burton
Development Corporations Trafalgar Plaza, RBDC should be, and is,
bound by the same;
(3) Considering that Ray Burton Development Corporations Trafalgar
Plaza exceeds the floor area limits of the Deed Restrictions, RBDC is
hereby ordered to pay development charges as computed under the
THIRD DIVISION
[G.R. No. 134692. August 1, 2000]
ELISEO FAJARDO, JR., and MARISSA
FAJARDO, petitioners, vs. FREEDOM TO BUILD,
INC., respondent.
DECISION
VITUG, J.:
Freedom To Build, Incorporated, an owner-developer and seller
of low-cost housing, sold to petitioner-spouses, a house and lot
designated Lot No. 33, Block 14, of the De la Costa Homes in
Barangka, Marikina, Metro Manila. The Contract to Sell
executed between the parties, contained a Restrictive
Covenant providing certain prohibitions, to wit:
[1]
[4]
[5]
[7]
[8]
[10]
[11]
[12]
[13]
[14]
[15]
[17]
[20]
[21]
In sum, the Court holds that (1)....The provisions of the Restrictive Covenant are
valid;
(2)....Petitioners must be held to be bound thereby; and
(3)....Since the extension constructed exceeds the floor
area limits of the Restrictive Covenant, petitionerspouses can be required to demolish the structure to the
extent that it exceeds the prescribed floor area limits.
WHEREFORE, the assailed decision, dated 13 July 1998, of
the Court of Appeals in CA-G.R. CV No. 50085, sustaining that
of the court a quo, is AFFIRMED. No costs.
SO ORDERED.
Melo, (Chairman), Panganiban, Purisima, and GonzagaReyes, JJ., concur.