SECOND DIVISION
[G.R. No. 237953. April 3, 2019.]
HILLTOP NOVALICHES SUBDIVISION HOMEOWNERS ASSOCIATION, INC.1ALSO KNOWN AS HILLTOP MANSION HOMEOWNERS ASSOCIATION, INC., petitioner, vs.ROLLY C. CUNANAN, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated 03 April 2019which reads as follows:
"G.R. No. 237953 — Hilltop Novaliches Subdivision Homeowners Association, Inc. also known as Hilltop Mansion Homeowners Association, Inc. versus Rolly C. Cunanan
After reviewing the Petition and its annexes, including the Court of Appeals (CA) Decision 2 dated May 15, 2017 and Resolution 3 dated February 12, 2018 in CA-G.R. CV No. 107090, the Court resolves to DENY the instant Petition and AFFIRM the ruling of the CA since the petitioner failed to sufficiently show that the CA committed any reversible error in the assailed Decision and Resolution as to warrant the exercise of this Court's discretionary appellate jurisdiction.
The Court agrees with the CA that the Second Memorandum of Agreement 4 between Hilltop Novaliches Subdivision Homeowners Association, Inc. (also known as Hilltop Mansion Homeowners Association, Inc.) (Hilltop Homeowners Association) and Rolly Cunanan (Cunanan) is valid and enforceable. The clear wordings of Board Resolution Nos. 07-31-06 and 12-03-09 express that Eduardo Gonzales (Gonzales) and Jose Linda 5 (Linda) were given the authority to sign and execute the appropriate contract and perform all other incidental acts necessary to acquire the water system and dispose in exchange thereof the subject property.
It must be emphasized that these aforementioned Board Resolutions do not mention the need for a general assembly resolution. In fact, Hilltop Homeowners Association did not present any evidence, i.e., its by-laws requiring such general assembly in order to authorize Gonzales anew to enter into the Memorandum of Agreement for transfer of the subject property to Cunanan.
Thus, the passing of Board Resolution No. 12-04-09 notwithstanding, Hilltop Homeowners Association is still bound to honor the contracts executed by Gonzales and Linda and to deliver to Cunanan the subject property. DETACa
SO ORDERED. (REYES, J., JR., J., on wellness leave)"
Very truly yours,
(SGD.) MARIA LOURDES C. PERFECTODivision Clerk of CourtBy:TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1. Also referred to as "Hilltop Novaliches Subdivision Homeowners/Lotowners Association, Inc." in some parts of the rollo.
2.Rollo, pp. 71-88. Penned by Presiding Justice Andres B. Reyes, Jr. (now a Member of this Court) and concurred in by Associate Justices Myra V. Garcia-Fernandez and Eduardo B. Peralta, Jr.
3.Id. at 90-91. Penned by Associate Justice Myra V. Garcia-Fernandez and concurred in by Associate Justices Rosmari D. Carandang (now a Member of this Court) and Eduardo B. Peralta, Jr.
4. Memorandum of Agreement dated January 21, 2010; rollo, pp. 105-107.
5. Only given authority in Board Resolution No. 12-03-09; id. at 103.