Sambahayan Condominium, Inc. vs. Jose Valladolid

[SEC-SICD * CASE NO. 4093. September 18, 1992.] SAMBAHAYAN CONDOMINIUM, INC. , complainant , vs . JOSE VALLADOLID , respondent . D E C I S I O N In its complaint filed on October 25, 1992, complainant Sambahayan Condominium, Inc. prayed for the payment by respondent Jose Valladolid of this overdue accounts, Reserve Fund, operational assessments, water and interest with damages to the former. prLL In support thereof, complainant alleged that it is a corporation duly organized and existing under the laws of the Republic of the Philippines, with address at Sacrepante St., Mandaluyong, Metro Manila; that respondent Jose Valladolid is the owner of Unit B-62, Bldg., 1, Sambahayan Condominium and as unit owner thereof, respondent is a member of complainant corporation, and liable for the payment of his monthly operational assessments, reserve fund, water billings/booster/electric and penalties as provided for by the Master Deed with Declaration of Restrictions of the Sambahayan Condominium Project; that respondent had defaulted in the payment of his monthly billings from 1983 up to August 27, 1991 in the amount of P17,544.10; that complainant had demanded, for several times, from respondent the payment of his arrears, and that by reason of respondent's unjustified failure and refusal to pay, complainant was forced to engage the services of counsel at an agreed attorney's fees in the sum of Three Thousand (P3,000.00) pesos. On December 17, 1991, respondent Jose Valladolid was declared in default for his failure to file an answer to the above-entitled case. Thereafter, the complainant was allowed to present its evidence ex-parte. However, for unexplained failure of the complainant to file its formal offer of evidence as directed in the Order dated February 19, 1992, the above-entitled case was dismissed without prejudice on March 23, 1992. On April 8, 1992, complainant filed a "Motion for Reconsideration With Motion To Admit Formal Offer of Evidence" which motion was granted in the Order dated April 27, 1992. Evidence adduced by the complainant established that complainant Sambahayan Condominium, Inc. is an existing non-stock corporation duly registered with the Securities and Exchange Commission under SEC Registration No. 58808 on November 18, 1974 and respondent Jose Valladolid is a member thereof. Under its Amended By-Laws which was duly approved by this Commission and Master Deed with Declaration of Restrictions, the complainant is empowered to assess each member of the corporation such amounts as shall be necessary to meet its operating expenses, such as: cost of insurance policies of the project; cost of maintenance and ordinary repairs and of utilities and other services or facilities benefiting the common areas; fees and/or salaries of employees of the corporation; costs of furnishings, fixtures, etc.; cost of supplies and material, taxes or assessments; for establishment/maintenance of special fund, and to imposed interest and penalties in all assessments not paid on time. Complainant through its Board of Directors has passed various resolutions imposing the aforementioned assessments and accordingly, sent monthly billings to all its members. In the case of the respondent, his total unpaid assessments as of December 16, 1991 billing was Nineteen Thousand Five Hundred Ninety & 48/100 pesos (P19,590.48) (Exhibit C-31) of which amount he is obligated to pay under the aforementioned amended by-laws and Master Deed with Declaration of Restrictions of Sambahayan Condominium. Complainant having been represented by counsel not only in the collection of the aforestated bill but in the filing and prosecution of the above-entitled case deserves to be awarded also reasonable attorney's fees. WHEREFORE, premises considered, DECISION is hereby rendered ordering the respondent, Mr. Jose Valladolid to pay the complainant the sum of Nineteen Thousand Five Hundred Ninety & 48/100 (P19,590.48) representing the former's unpaid assessments as of December 16, 1991 billing and Three Thousand pesos (P3,000.00) as attorney's fee. SO ORDERED. NO COSTS. (SGD.) ELPIDIO S. SALGADO Hearing Officer