Jerusalem Church of God (Seventh Day Santified), Inc. vs. Gaudencio Peralta

[SEC-SICD * CASE NO. 04-97-5609. December 23, 1999.] JERUSALEM CHURCH OF GOD (SEVENTH DAY SANTIFIED), INC. , plaintiff, vs . GAUDENCIO PERALTA , defendant . D E C I S I O N This is an action for Recovery of Building and Damages with prayer for the determination as to who are the legitimate officers and members of plaintiff, a religious organization of which defendant also claims as member thereof. In their complaint, plaintiff alleged that: The plaintiff is a religious non-stock organization and existing and organized under the laws of the Philippines, duly registered with this Honorable Commission, with capacity to sue and be sued, with office at Pagadian City, Philippines; that the plaintiff, through its members began in 1983 the construction of its church-building or chapel of its own, for religious congregations, situated in Barangay Salomague Norte, Bugallon, Pangasinan; that the building comprising 4.70 by 8.30 meters with concrete walls, cemented floorings, steel windows and galvanized iron roofs was built on the land of the defendant; that the plaintiff desires to transfer the building to another site; that despite several demands, defendant refused to give the building to the plaintiff; that a similar case was filed by plaintiff church in the Regional Trial Court of Lingayen, Pangasinan, but the same was dismissed considering that said court has no jurisdiction over the same case; that by reason of continuous refusal by defendant to transfer the church-building to plaintiff, plaintiff was constrained to hire the services of counsel for a fee of P15,000.00 plus P800.00 per hearing of this suit. DEHcTI In its Answer, defendant Gaudencio Peralta denies that the plaintiff has any participation in the construction of the church building because it was built through sweat and sacrifices of the defendant and his friends starting in 1989 and was in fact, remains unfinished to this date and by way of AFFIRMATIVE DEFENSES, defendant avers that: The land on which the church building located in Salomague Norte, Bugallon, Pangasinan was built, belongs to the defendant, thus, following the principle of "the accessory follows the principal", the church building belongs to the defendant; that the plaintiff corporation has no title or document evidencing ownership of the church building in question; that the complaint was not duly authorized by the corporation and Edwin Agudo and company are not clothed with the necessary authority to represent the corporation; and that the church building in question was constructed through the efforts and resources of the defendant and his friends. After a careful evaluation of the parties arguments in their pleadings and during the hearing so far conducted, there is no dispute that petitioners are the legitimate officers of plaintiff corporation as of the filing of this petition. However, we find no sufficient proof to show that the church building belongs to the plaintiff corporation. As alleged by defendant Gaudencio Peralta duly corroborated by his witnesses, said church which was erected on his land, was built by him through his efforts and his friends alone and not through plaintiff corporation. Although plaintiffs alleged that defendant Peralta promised to donate the land for which the church building is located, it was denied by defendant Peralta during the hearing of this case. Granting that the same is true, such promise was not reduced to writing, hence, the same is not enforceable and can not be the basis of plaintiffs' claims. More so that plaintiffs evidence indicate that defendant Peralta has been expelled as member of the Jerusalem Church of God (Exhibit "L"), with more reason that said donation will not push through and that defendant Peralta is justified in not pushing through with his donation. Therefore, defendant Peralta has uninterrupted possession and ownership of the land, which carries with it the ownership of the church building. At best, if ever plaintiff had proven that they built the church building from their own funds, then, they can be considered "a builder in good faith" where Article 448 of the Civil Code would apply. However, from the evidences adduced during the hearing, it appears that although there are donations made for the construction of the church building, the same donations were made to Gaudencio Peralta by his friends and supporters and not by and through the plaintiff church. WHEREFORE, premises considered, plaintiffs are hereby declared the rightful officers of plaintiff corporation, however, their claim for the delivery of the church-building is hereby DISMISSED for lack of merit. LLphil SO ORDERED. (SGD.) JULIETO F. FABRERO Hearing Officer