Ricardo Ng, et al. vs. Wack Wack Condominium Corp., et al.

[SEC CASE NO. 3167. August 7, 1987.] RICARDO NG, ET AL. , plaintiffs , vs . WACK WACK CONDOMINIUM CORP., ET AL. , defendants . O R D E R For resolution is the motion for dismissal of action filed by counsel for the defendants on the ground that there is another action pending between the same parties for the same cause of action. In opposing the motion, plaintiffs alleged that when the defendants filed their answer on May 25, 1987, their ground for dismissal (litis pendencia) is considered waived; that the case pending before the court is different from this case. In the decision of the Court of Appeals in CA-G.R. SP No. 10257, copy of which is attached to the opposition, it was there stated: "On account of private respondents' failure and refusal to pay condominium assessment dues, which as of September 21, 1984 already amounted to P11,920.00 petitioner condominium instituted extra-judicial foreclosure proceedings over apartment unit No. 401 pursuant to the provisions of Sec. 20 of the Condominium Act. To forestall the auction sale of subject unit scheduled on March 20, 1985, private respondents filed on March 18, 1985 a complaint for 'Consignation and Damages with Prohibitory Injunction and Prayer for Restraining Order' with the Regional Trial Court of Pasig, Metro Manila, presided by respondent judge and docketed as Civil Case No. 52164." The present action is for injunction to restore water supply in apartment unit No. 401 and to allow the petitioners the use of the condominium elevator services. DcITaC It is, thus, clear that the causes of action in the two (2) cases are not similar or identical. WHEREFORE, respondents' motion for dismisssal of action should be, as it is hereby DENIED. SO ORDERED. (SGD.) FELIPE S. TONGCO Hearing Officer