Enfiesta v. San Labrador Homeowners Association, Inc.

FIRST DIVISION

[G.R. No. 239250. August 1, 2018.]

HERMINIO S. ENFIESTA, petitioner,vs. SAN LABRADOR HOMEOWNERS ASSOCIATION, INC., REPRESENTED BY ITS PRESIDENT, CARMELITO S. REBITO, SR., respondent.

NOTICE

Sirs/Mesdames :

Please take notice that the Court, First Division, issued a Resolution datedAugust 1, 2018which reads as follows:

"G.R. No. 239250 — Herminio S. Enfiesta v. San Labrador Homeowners Association, Inc., represented by its President, Carmelito S. Rebito, Sr.

Petitioner's Motion for Extension seeking an additional period of 30 days from the expiration of the reglementary period within which to file his Petition for Review on Certiorari is GRANTED.

Considering the allegations, arguments, and issues raised, the instant Petition for Review on Certiorari1 is DENIED for failure of the petitioner to show any reversible error in the assailed Decision and Resolution of the Court of Appeals as to warrant the exercise of this Court's discretionary appellate jurisdiction.

The jurisdiction of the Housing and Land Use Regulatory Board (HLURB) over respondent's complaint is beyond question. Eugenio v. Sta. Monica Riverside2 categorically recognizes HLURB's power to decide on the right of possession when it is necessarily intertwined with a determination of rights and privileges under the Community Mortgage Program — circumstances which the parties in the present petition fall under. 3 CAIHTE

Resorting to the provisions in the contract governing both respondent and the lot owners, the HLURB upheld respondent's right to expel defaulting lot owners. Section 10, paragraph 10.1 (a) and paragraph 10.2 (b) of the Lease Purchase Agreement — consecutively quoted verbatim below — are clear:

Events of Default. The occurrence of any of the following shall constitute an event of default:

Failure of the LESSEE to pay the equivalent of at least three (3) consecutive monthly rentals.

xxx xxx xxx

10.2. Effects of default. Upon default by the LESSEE, each of the following remedies shall accrue immediately to the LESSOR or its assignee in addition to any other remedies available to it under the law:

xxx xxx xxx

b. The lease shall be terminated and the LESSEE shall voluntarily surrender possession of the property to the LESSOR/its ASSIGNEE and if the LESSEE fails to do so, the LESSEE may be summarily ejected and the LESSOR/its ASSIGNEE may enter the premises where the PROPERTY is located and take possession thereof without demand, notice, court order or process of law. The LESSEE hereby releases the LESSOR/its ASSIGNEE from any and all liabilities, whether criminal or civil, for making such entry or repossession, and agrees to indemnify, exonerate, hold and save harmless the LESSOR from and against all claims for damages arising out, resulting from, attributed to, or in connection with such entry and repossession. 4

This Court finds no cogent reason to modify or overturn the appellate court's affirmance of the HLURB ruling which correctly upheld the right of respondent. 5

Petitioner next argues, albeit belatedly, that his right to due process was violated when he was not given opportunities to explain in writing and to be heard by the officers of the association. However, the records are replete with evidence that notices were sent to petitioner and other lot owners regarding the amounts due for payment. 6 Registry Return Receipts attached to the complaint bore the names of Ernest John Enfiesta and Imelda Enfiesta as persons who received the notices on behalf of petitioner. 7 However, these notices remained unheeded. The refusal to pay eventually prompted respondent to file a complaint, to which no answer again was filed by petitioner despite notice — a failure on his part which resulted in his being declared in default. 8 Thus, this Court finds petitioner's belated invocation of his right to due process without merit. DETACa

ACCORDINGLY, the Court resolves to AFFIRM the November 29, 2017 Decision 9 and April 24, 2018 Resolution 10 of the Court of Appeals in CA-G.R. SP No. 151886.

SO ORDERED."Leonardo-de Castro, J., designated as Acting Chairperson of the First Division per Special Order No. 2559 dated May 11, 2018; Gesmundo, J., designated as Acting Member of the First Division per Special Order No. 2560 dated May 11, 2018. HEITAD

Very truly yours,

(SGD.) LIBRADA C. BUENA

Acting Division Clerk of Court

 

Footnotes

1.Rollo, pp. 11-33; dated June 26, 2018.

2. 650 Phil. 166, 174 (2010).

3. Under the CMP, the landowner executes a contract to sell the property in favor of the community association. In turn, the community association executes an agreement with the SHFC for the collection and remittance of shares in monthly amortization from its member-borrowers, and is under obligation to keep tab of paid and unpaid amortization of its member-borrowers. (Id. at 168)

4.Rollo, p. 90.

5.Id. at 86; signed by Commissioner Ria Corazon A. Golez-Cabrera, Ex-Officio Commissioner and Department of Public Works and Highways Undersecretary Maria Catalina E. Cabral and Chief Executive Officer and Commissioner Lloyd Christopher A. Lao.

6.Rollo, pp. 99-152, and 155; The list of lot owners and their corresponding arrearages is as follows:

 

Association Member	Lot Owned	Payment Due
Cañaveral, Carlito A.	Block 4, Lot 8	P60,266.30 (as of February 28, 2015)
Dela Cruz, Roy Antonio	Block 1, Lot 7	P76,395.73 (as of February 28, 2015)
Enfiesta, Herminio S.	Block 3, Lot 4	P70,305.38 (as of February 28, 2015)
Mesina, Jonathan S.	Block 6, Lot 7	P60,397.30 (as of February 28, 2015)
Reyes, Jaime S.	Block 1, Lot 8	P53,345.31 (as of February 28, 2015)
Serafica, Esteb V.	Block 5, Lot 6	P61,134.85 (as of February 28, 2015)
Serafica, Jesus V.	Block 5, Lot 5	P64,507.11 (as of February 28, 2015)
Tarriga, Pedro Jr. A.	Block 2, Lot 5	P59,700.52 (as of February 28, 2015)
Villanueva, Nelia M.	Block 2, Lot 4	P72,552.47 (as of February 28, 2015)

 

7.Id. at 124-125.

8.Id. at 153-154 (Order dated January 4, 2016 signed by Arbiter Michelle Jan B. Babiano). Those declared in default along with petitioner were Nelia M. Villanueva, Jonathan S. Mesina, James Reyes, and Carlito A. Cañaveral.

9.Id. at 36-53; penned by Associate Justice Magdangal M. De Leon and concurred in by Associate Justices Franchito N. Diamante and Zenaida T. Galapate-Laguilles.

10. Id. at 55-56.