ChanRobles Virtual law Library

[G.R. No. 154341.� February 7, 2005]

GREENHILLS EAST vs. CITY OF MANDALUYONG

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated FEB 7 2005 .

G.R. No. 154341 (Greenhills East Association, Inc. vs. City of Mandaluyong , Hon. Benjamin S. Abalos as Mayor, et al.)

For consideration is the Urgent Manifestation filed by private respondents Goldland Phil. Corp. and SEA Commercial Co., Inc. alleging that the petition has become moot and academic because of their decision not to build the 37-storey condominium project being opposed by petitioner. Petitioner filed its Comment on said Urgent Manifestation, stating that the petition has not become moot and academic because if they do not obtain a ruling that resolutions such as Resolution No. 546 issued by the Sangguniang Panlungsod of Mandaluyong City are invalid, then the same problem in this case will arise again in the future, involving the same or other developers. However, petitioner manifested that it would have no objection to the dismissal of this case, provided it would be a dismissal without prejudice. Private respondents then stated in their Reply that the resolution of the validity of the assailed permit, or Resolution No. 546 would merely be an exercise in futility for even if said resolution is declared valid, no benefit can be derived therefrom as private respondents are of a firm determination not to proceed with the construction project.

Private respondents' avowal that they are of a firm determination that they will not proceed with the project has convinced the Court that any resolution of this case would indeed be moot and academic. However, so as not to foreclose petitioner from filing a similar petition in the event that private respondents would renege on their undertaking not to proceed with the construction of a condominium project in the disputed location, the dismissal of the petition should be without prejudice.

ACCORDINGLY, the prayer of Goldland Philippines Corp. and SEA Commercial Co., Inc. that the instant petition be dismissed is GRANTED. The petition is hereby DISMISSED WITHOUT PREJUDICE.

SO ORDERED.

Very truly yours,

(Sgd.) LUDICHI YASAY-NUNAG
Clerk of Court

Back to Home | Back to Main

CLICK HERE FOR THE LATEST SUPREME COURT JURISPRUDENCE