Prince Tower Condominium, Inc. vs. Jose John B. Jimenez III

[SEC-SICD * CASE NO. 03-99-6250. March 31, 2000.] PRINCE TOWER CONDOMINIUM, INC. , complainant , vs . JOSE JOHN B. JIMENEZ III , respondent . D E C I S I O N This is a complaint filed by Prince Tower Condominium, Inc. against respondent Jose John B. Jimenez III for alleged violation of the Master Deed and Declaration of Restriction, Articles of Incorporation and By-laws of complainant corporation with a prayer that respondent be ordered to pay association dues, water bills, attorney's fees and litigation cost. cdll Complainant alleges, among others, that it is a domestic corporation duly organized and existing under and by virtue of the laws of the Republic of the Philippines with principal office at ASB Center, 114 Benavidez St., Legaspi Village, Makati City; that respondent Jose John B. Jimenez III is a unit owner of Unit 305 of Prince Tower Condominium located at Tordesillas corner Bautista Streets, Salcedo Village, Makati City as evidenced by a Condominium Certificate of Title in the name of the respondent; that as unit owner, respondent is a member of the complainant corporation with an obligation to observe and follow the Master Deed and Declaration of Restriction, Articles of Incorporation and By-laws of complainant corporation particularly on the provision that all unit owners of a condominium project shall pay association dues and other assessment levied upon unit owners; that respondent's obligation with complainant corporation stands at One Hundred Twenty One Thousand Nine Hundred Ten and 97/100 Pesos (P121,910.97) per Statement of Account dated March 1, 1999; that despite repeated demands respondent failed and refused to pay said long overdue obligations. Despite valid service of summons and receipt of the copy of the complaint, respondent failed to file his answer within the reglementary period. Upon motion, respondent was declared as in default in the Order of this Commission dated June 10, 1999 and thereafter, complainant was directed to present its evidence-ex parte. During the hearing, complainant presented documentary and testimonial evidence or witnesses in the persons of Ms. Rhodora Vicencio and Ms. Delia Dagunan. From the evidence adduced by the complainant, the undisputed facts and/or uncontroverted evidence are as follows: 1. Complainant Prince Tower Condominium, Inc. is a domestic corporation duly organized and registered under the laws of the Republic of the Philippines with principal office at ASB Center, 114 Benavidez St., Legaspi Village, Makati City. 2. Respondent Jose John B. Jimenez III is a registered owner of Unit No. 305 of Prince Tower Condominium as evidence by Condominium Certificate of Title No. 36765 registered at the Register of Deeds of Makati (Exhibit "B") 3. Respondent, as member of the complainant corporation, is obligated to pay to complainant association dues and other assessment levied upon him by complainant by virtue of the provisions of the Master Deed with Declaration of Restriction (Exhibit "E"), Articles of Incorporation (Exhibit "D") and By-laws of the corporation (Exhibit "C") 4. Demands were made upon respondent to pay his obligations (Exhibit "F") and notwithstanding receipt of said demands (Exhibit "F-1"), he still refused and failed to settle his legitimate and over due obligations. TSDHCc 5. As of 25 October 1999, respondent had an outstanding obligations with complainant in the sum of P190,817.83 consisting of association dues and water bills plus penalties of 4% per month (Exhibit "H") 6. Complainant was compelled to engage the services of legal counsel for a fee because of the unlawful and continued refusal of respondent to pay association dues. The foregoing facts and evidence presented have remained undisputed or uncontested, and therefore, this case must be resolved in favor of the complainant. WHEREFORE, premises considered, judgment is hereby rendered ordering the respondent to pay the complainant the following: 1. The sum of P190,817.83 representing respondent's unpaid association dues and water bills as of October 25, 1999 plus 4% interest and penalty until full payment thereof. 2. The sum equivalent to 25% of the total claim against respondent by way of Attorney's Fees. EaCSHI SO ORDERED. (SGD.) JAMES K. ABUGAN Hearing Officer