Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 2009 > October 2009 Decisions > G.R. No. 177113 - Sta. Lucia Realty & Development, Inc. v. Spouses Francisco & Emelia Buenaventura, as represented by Ricardo Segismundo :




G.R. No. 177113 - Sta. Lucia Realty & Development, Inc. v. Spouses Francisco & Emelia Buenaventura, as represented by Ricardo Segismundo

PHILIPPINE SUPREME COURT DECISIONS

THIRD DIVISION

[G.R. NO. 177113 : October 2, 2009]

STA. LUCIA REALTY & DEVELOPMENT, INC., Petitioner, v. SPOUSES FRANCISCO & EMELIA* BUENAVENTURA, as represented by RICARDO SEGISMUNDO, Respondents.

D E C I S I O N

YNARES-SANTIAGO, J.:

Assailed is the December 21, 2006 Decision1 of the Court of Appeals in CA-G.R. SP No. 81732, affirming the July 18, 2003 Decision2 of the Office of the President in O.P. Case No. 20-A-8937. Also assailed is the March 21, 2007 Resolution3 denying the Motion for Reconsideration.4

The facts are as follows:

On January 16, 1996, respondent-spouses Francisco Segismundo and Emilia Buenaventura, represented by Ricardo Segismundo, filed before the Housing and Land Use Regulatory Board (HLRUB) a Complaint against petitioner Sta. Lucia Realty & Development, Inc. for Specific Performance, Damages and Attorney's Fees.5 Respondents alleged that they bought a lot known as Lot 3, Block 4, Phase II at Greenwood Executive Village, Cainta, Rizal from Loida Gonzales Alfonso (Alfonso) on August 16, 1989; that the said lot is part of a subdivision project owned and being developed by petitioner; that in the course of the construction of their house, respondents discovered that their lot had been subdivided and occupied by Marilou Panlaque (Panlaque) and Ma. Veronica Banez (Banez); and that like respondents, the two occupants were also issued a construction permit by petitioner. Respondents thus demanded from petitioner the rightful possession of their lot; but to no avail.

In its Answer,6 petitioner averred that respondents had no cause of action against it because it has no transaction record regarding Lot 3, Block 4, Phase II; that the said lot actually belonged to ACL Development Corporation, its joint-venture partner; that it was RCD Realty Corporation which caused the subdivision of the lot and constructed separate residential buildings thereon; that RCD Realty Corporation's lot was actually Lot 3, Block 4, Phase II-A; and that respondents, in bad faith and in a retaliatory manner, erected their own house on Lot 4 which belonged to a different owner. Petitioner suggested that to remedy the situation, respondents, RCD Realty Corporation, and the real owner of Lot 4, should agree to a three-way exchange of their respective properties as it has been verified that the areas of their lots are the same.

On September 1, 1997, petitioner filed a third-party complaint against ACL Development Corporation and RCD Realty Corporation. Petitioner prayed that in the event that it be adjudged liable for any of the claims of respondents, ACL Development Corporation and RCD Realty Corporation should be held jointly and severally liable for said claims or an amount equivalent thereto.

ACL Development Corporation alleged that petitioner was responsible for the issuance of all construction permits on the subdivision project; hence, it was the one that caused the confusion among all parties. On the other hand, RCD Realty Corporation alleged that it was a builder in good faith; that it constructed the residential building on Lot 3, Block 4, Phase II upon issuance of a construction permit by petitioner.

On June 16, 1998, the HLURB's Arbiter7 for the National Capital Region (NCR) Field Office issued a Decision the dispositive portion of which states:

Wherefore, premises considered, judgment is hereby rendered as follows:

1. Directing respondent Sta. Lucia Realty and Development Corporation, Inc. to cause to be vacated complainant's lot denominated as Lot No. 3, Block No. 4, Phase II, Greenwood Executive Village, Cainta, Rizal;

2. In the alternative, the aforesaid respondent is ordered to reimburse the complainant the current market value of the subdivision lot which shall in no case be less than P4,500.00 per square meter, the prevailing price in the area;

3. Directing the same respondent to pay complainant the following amount:

A. P100,000.00 as and by way of moral damages;

b. P50,000.00 as and by way of exemplary damages;

c. P50,000.00 as and by way of attorney's fees;

4. While the third party complaint is dismissed for lack of merit.

SO ORDERED.8

The HLURB Arbiter found that while RCD Realty Corporation constructed a residential building on the wrong lot, such construction was allowed by petitioner as evidenced by the permit it issued. As the owner-developer of the subdivision project, petitioner knew the location of all lots therein and was tasked to properly enforce the restrictions it caused to be annotated on their corresponding certificates of title. The HLURB Arbiter thus concluded that it was petitioner's neglect that ultimately led to the instant dispute.

On June 24, 1999, the HLURB Board of Commissioners affirmed the Decision of the HLURB Arbiter with modification that the market value of the subject lot, stated in paragraph 2 of the dispositive portion, be reduced from P4,500.00 to P3,200.00 per square meter, plus 12% interest per annum from the time of the filing of the complaint.

On July 18, 2003, the Office of the President issued a Decision9 affirming the June 24, 1999 Decision of the HLURB Board of Commissioners. Subsequently, it issued a Resolution10 dated November 28, 2003 denying petitioner's Motion for Reconsideration.11

On December 21, 2006, the Court of Appeals affirmed the Decision of the Office of the President. The appellate court found that it was petitioner who caused the confusion in the identity of the lots by its issuance of a construction permit to RCD Realty Corporation; that petitioner was remiss and negligent in complying with its obligations towards its buyers, their heirs, assignees, and/or successors-in-interest when it failed to deliver the property described in respondents' title.

On March 21, 2007, the Court of Appeals denied petitioner's Motion for Reconsideration. Hence, this Petition for Review on Certiorari, raising the following issues:

THE HONORABLE COURT OF APPEALS x x x COMMITTED SERIOUS REVERSIBLE ERROR IN AFFIRMING THAT PETITIONER STA. LUCIA IS LIABLE IN A COMPLAINT FOR SPECIFIC PERFORMANCE.

THE HONORABLE COURT OF APPEALS COMMITTED SERIOUS REVERSIBLE ERROR IN SUSTAINING THE AWARD OF REFUND WITH INTEREST, MORAL AND EXEMPLARY DAMAGES AS WELL AS ATTORNEY'S FEES TO RESPONDENTS-SPOUSES BUENAVENTURA.12

Petitioner alleges that it has no privity of contract with respondents as it did not directly sell the subject property to them; that it was RCD Realty Corporation which erroneously erected structures on Lot 3, Block 4, Phase II; that respondents are in bad faith for constructing their residential house on Lot 4, Block 4, Phase II despite knowledge that it belongs to another person; that respondents' seller, Alfonso, should have been impleaded as an indispensable party to the instant case; that respondents should also have impleaded the present occupants of Lot 3, Block 4, Phase II as additional indispensable parties; and that the award of damages is without basis in fact and in law.

The petition is without merit.

Petitioner originally sold the subject lot to Alfonso, and the latter subsequently sold the same to herein respondents. As assignees or successors-in-interest of Alfonso to Lot 3, Block 4, Phase II in petitioner's subdivision project, respondents succeed to what rights the former had; and what is valid and binding against Alfonso is also valid and binding as against them. In effect, respondents stepped into the shoes of Alfonso and such transfer of rights also vests upon them the power to claim ownership and the authority to demand to build a residential house on the lot to the same extent as Alfonso could have enforced them against petitioner.

Article 1311 of the New Civil Code states that, "contracts take effect only between the parties, their assigns and heirs, except in case where the rights and obligations arising from the contract are not transmissible by their nature, or by stipulation or by provision of law." In this case, the rights and obligations between petitioner and Alfonso are transmissible. There was no mention of a contractual stipulation or provision of law that makes the rights and obligations under the original sales contract for Lot 3, Block 4, Phase II intransmissible. Hence, Alfonso can transfer her ownership over the said lot to respondents and petitioner is bound to honor its corresponding obligations to the transferee or new lot owner in its subdivision project.

Having transferred all rights and obligations over Lot 3, Block 4, Phase II to respondents, Alfonso could no longer be considered as an indispensable party. An indispensable party is one who has such an interest in the controversy or subject matter that a final adjudication cannot be made in his absence, without injuring or affecting that interest.13 Contrary to petitioner's claim, Alfonso no longer has an interest on the subject matter or the present controversy, having already sold her rights and interests on Lot 3, Block 4, Phase II to herein respondents.???�r?bl?�


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