E.G.V. Realty Development Corporation, et al. vs. Unisphere International Inc.

[SEC-SICD * CASE NO. 3119. January 11, 1989.] E.G.V. REALTY DEVELOPMENT CORPORATION, ET AL. , petitioners , vs . UNISPHERE INTERNATIONAL INC. , respondent . D E C I S I O N This concerns a petition for the enforcement of monthly assessment dues filed by petitioner against respondents for the months of June 1981 to January 1982; from November 1982 to July 1983; August 1983 to February 1984 and March 1984 in the total amount of P13,142.67. It appears from the petition that petitioner E.G.V. Realty and Development Corporation ("EGV", for short) is allegedly the owner of a seven (7) storey apartment condominium, located at cor. Herrera and Legaspi Sts., Legaspi Village, Makati while Cristina Condominium Corporation ("CRISTINA", for short) is the corporation that holds title to all common areas of the Cristina Condominium project and is in-charge of the Management and Administration of the whole Cristina Condominium Project. It was stated, further that Cristina Condominium Corporation is owned by all the occupants holding title(s) to the Cristina Condominium unit(s). Sometime on March 29, 1979, respondent was claimed to have bought from petitioner E.G.V. unit 301 of Cristina Condominium payable in sixty (60) monthly installment, but thereafter on dates above mentioned, respondent failed to pay its monthly assessment dues. Respondent filed its answer to the petition on February 16, 1987 and raised as its affirmative defense the matter that petitioner was allegedly remissed of its obligations in providing security to respondent because on two occasions, on November 26, 1982 respondent was robbed of bulky items inside its condominium unit. Respondent claimed to have suffered the following losses: A. November 28, 1981 Robbery ITEMS MISSING VALUE Two (2) pcs. Floor Polishers P2,190.00 One (1) pc. Styleaire 275.00 One (1) pc. Coffee Maker 450.00 Five (5) pcs. Roast Maker 2,250.00 Four (4) pcs. Flat Iron 1,000.00 P6,165.00 ========= B. July 26, 1982 Robbery ITEMS MISSING VALUE Five (5) pcs. Rowenta P1,250.00 Bread Toaster Two (2) pcs. Rowenta 500.00 Flat Iron Four (4) pcs. Rowenta 4,380.00 Sunbeam Polishers P6,130.00 ========= Respondent asserts that due to the failure of petitioner to provide efficient guards, petitioner has not complied with its obligation under the contract. During the hearing in chief, both parties adduced evidence to support their respective stand on the issues raised. The issue thus, before us can be summarized as follows: a) Whether or not respondent should be made to pay the monthly assessment due. cdll Respondent does not deny' not having paid the monthly assessment from the months of June 1981 to January 1982; from November 1982 to July 1983; from August 1983 to February 1984 and March 1984 or in the total amount of P13,142.67. Plaintiff likewise does not dispute the fact of robbery that occurred on November 28, 1981 and July 26, 1982 inside 301 Cristina Condominium. Plaintiff admits that it had secured the services of Jimenez Protective & Security Agency to safeguard the condominium premises under its instructions and supervision, but which failed to detect the robbery incidents that occurred twice at unit 301 of respondent, carting away bulky items. Under Section 4 of the Master Deed and Declaration of Restrictions of Cristina Condominium Project, "the owner of each condominium unit shall be proportionately liable for the common expenses of the condominium project". The expenses in the form of assessment are paid to Cristina Condominium Corporation through its Management Body. The fees collected are to answer for the maintenance of the common areas, such as the hallways, stairs, elevator facilities and in providing security services to secure the condominium premises against strangers, thieves and robbers. The obligation of the condominium unit owners, such as respondent is to pay fees or assessment which proceeds from the corresponding obligation of the condominium corporation, plaintiff in this case, to maintain the condominium' and assure the safety of condominium unit owners. These obligations are reciprocal that is, respondent is required to pay dues and plaintiff is required to deliver or perform the services. From the undisputed facts, plaintiff was remissed with its obligation to provide safety to respondent inside its unit. This was demonstrated by the fact that two robbery incidents befell respondent under the negligent eye of plaintiff's hired security guards. It can be safely pronounced that plaintiff has not complied with what was incumbent upon him to do in proper manner. However, it is our view that respondent should be made to pay for dues, and offsetting is not proper. WHEREFORE, respondent is hereby ordered to pay petitioner the sum of P13,142.67 within fifteen (15) days from receipt of this Decision. Further, petitioner is hereby ordered to pay respondent within fifteen (15) days from receipt of this Decision, the sum of 12,395.00. Let copy of this Decision be furnished the Register of Deeds of Makati, Metro-Manila for the purpose of cancellation of the lien in favor of Cristina Condominium found at the back of Title for unpaid monthly dues in the sum of P13,142.67, upon full payment of respondent of said amount unto petitioner. dctai SO ORDERED. (SGD.) ANTERO F.L. VILLAFLOR, JR. Hearing Officer