Construction Contracts: January 13, 2014

CONSTRUCTION
CONTRACTS
January 13, 2014
G.R. No. 185798
FIL-ESTATE PROPERTIES, INC. AND

FIL-ESTATE NETWORK INC., Petitioners,
vs.
SPOUSES CONRADO AND MARIA
VICTORIA RONQUILLO, Respondents.
FACTS
Petitioner Fil-Estate Properties, Inc. is the owner
and developer of the Central Park Place Tower while copetitioner Fil-Estate Network, Inc. is its authorized
marketing agent. Respondent Spouses Conrado and
Maria Victoria Ronquillo purchased from petitioners
an 82-square meter condominium unit at Central Park
Place Tower in Mandaluyong City for a pre-selling
contract price of FIVE MILLION ONE HUNDRED SEVENTYFOUR THOUSAND ONLY (P5,174,000.00). On 29
August 1997, respondents executed and signed a
Reservation Application Agreement wherein they
deposited P200,000.00 as reservation fee. As agreed
upon, respondents paid the full downpayment of
P1,552,200.00 and had been paying the P63,363.33
monthly amortizations until September 1998.
Upon learning that construction works had stopped,

respondents likewise stopped paying their monthly
amortization. Claiming to have paid a total of
P2,198,949.96 to petitioners, respondents through two
(2) successive letters, demanded a full refund of their
payment with interest. When their demands went
unheeded, respondents were constrained to file a
Complaint for Refund and Damages before the Housing
and Land Use Regulatory Board (HLURB). Respondents
prayed for reimbursement/refund of P2,198,949.96
representing
the
total
amortization
payments,
P200,000.00 as and by way of moral damages,
attorneys fees and other litigation expenses.
NARRATION
On 21 October 2000, the HLURB issued an Order of
Default against petitioners for failing to file their Answer
within the reglementary period despite service of summons.
On 13 June 2002, the HLURB, through Arbiter Atty. Joselito
F. Melchor, rendered judgment ordering petitioners to jointly
and severally pay respondents the following amount:
a) The amount of TWO MILLION ONE HUNDRED NINETYEIGHT THOUSAND NINE HUNDRED FORTY NINE PESOS &
96/100 (P2,198,949.96) with interest thereon at twelve
percent (12%) per annum to be computed from the time
of the complainants demand for refund on October 08,
1998 until fully paid,
b) ONE HUNDRED THOUSAND PESOS (P100,000.00) as
moral damages,
c) FIFTY THOUSAND PESOS (P50,000.00) as attorneys fees,

d) The costs of suit, and
e)An administrative fine of TEN THOUSAND PESOS
(P10,000.00) payable to this Office fifteen (15) days upon
receipt of this decision, for violation of Section 20 in
relation to Section 38 of PD 957.
Petitioners appealed the Arbiters Decision through a petition
for review pursuant to Rule XII of the 1996 Rules of Procedure
of HLURB. On 17 February 2005, the Board of
Commissioners of the HLURB denied the petition and affirmed
the Arbiters Decision.
Petitioners filed a motion for reconsideration but it was denied
on 8 May 2006. Thereafter, petitioners filed a Notice of
Appeal with the Office of the President. On 18 April 2007,
petitioners appeal was dismissed by the Office of the
President for lack of merit. Petitioners moved for a
reconsideration but their motion was denied on 26 July
2007.
Petitioners sought relief from the Court of Appeals

through a petition for review under Rule 43 containing
the same arguments they raised before the HLURB and
the Office of the President.
On 30 July 2008, the Court of Appeals denied the
petition for review for lack of merit. The appellate court
echoed the HLURB Arbiters ruling that "a buyer for a
condominium/subdivision unit/lot unit which has not
been developed in accordance with the approved
condominium/subdivision plan within the time limit for
complying with said developmental requirement may opt
for reimbursement under Section 20 in relation to
Section 23 of Presidential Decree (P.D.) 957.
Petitioners sought reconsideration but it was denied in a
Resolution dated 11 December 2008 by the Court of
Appeals.
Aggrieved, petitioners filed the instant petition advancing

substantially the same grounds for review:
A. THE HONORABLE COURT OF APPEALS ERRED WHEN IT
AFFIRMED IN TOTO THE DECISION OF THE OFFICE OF THE
PRESIDENT WHICH SUSTAINED RESCISSION AND REFUND IN
FAVOR OF THE RESPONDENTS DESPITE LACK OF CAUSE OF
ACTION.
B. GRANTING FOR THE SAKE OF ARGUMENT THAT THE
PETITIONERS ARE LIABLE UNDER THE PREMISES, THE
HONORABLE COURT OF APPEALS ERRED WHEN IT AFFIRMED
THE HUGE AMOUNT OF INTEREST OF TWELVE PERCENT (12%).
C. THE HONORABLE COURT OF APPEALS LIKEWISE ERRED WHEN
IT AFFIRMED IN TOTO THE DECISION OF THE OFFICE OF THE
PRESIDENT INCLUDING THE PAYMENT OF P100,000.00 AS
MORAL DAMAGES, P50,000.00 AS ATTORNEYS FEES AND
P10,000.00 AS ADMINISTRATIVE FINE IN THE ABSENCE OF ANY
FACTUAL OR LEGAL BASIS TO SUPPORT SUCH CONCLUSIONS.
ISSUES
1.
Whether or not the Asian financial crisis constitute a

fortuitous event which would justify delay by
petitioners in the performance of their contractual
obligation;
2.
Assuming that petitioners are liable, whether or not

12% interest was correctly imposed on the
judgment award, and
3.
Whether the award of moral damages, attorneys

fees and administrative fine was proper.
Rescission of Obligation
Article 1191 of the New Civil
performance of petitioners
respondents to rescission;
Code for the nonobligation entitles
Article 1191. The power to rescind obligations is

implied in reciprocal ones, in case one of the obligors
should not comply with what is incumbent upon him.
Non-Forfeiture of Payments
Section 23 of Presidential Decree No. 957 on the rule
governing the sale of condominiums;
Section 23. Non-Forfeiture of Payments. No installment
payment made by a buyer in a subdivision or condominium
project for the lot or unit he contracted to buy shall be
forfeited in favor of the owner or developer when the buyer,
after due notice to the owner or developer, desists from
further payment due to the failure of the owner or
developer to develop the subdivision or condominium
project according to the approved plans and within the time
limit for complying with the same. Such buyer may, at his
option, be reimbursed the total amount paid including
amortization interests but excluding delinquency interests,
with interest thereon at the legal rate.
Principle of Stare Decisis

Notably, the issues had already been settled by the Court in
the case of Fil-Estate Properties, Inc. v. Spouses Go
promulgated on 17 August 2007, where the Court stated
that the Asian financial crisis is not an instance of caso
fortuito. Bearing the same factual milieu as the instant
case, G.R. No. 165164 involves the same company, FilEstate, albeit about a different condominium property. The
company likewise reneged on its obligation to respondents
therein by failing to develop the condominium project
despite substantial payment of the contract price. Fil-Estate
advanced the same argument that the 1997 Asian financial
crisis is a fortuitous event which justifies the delay of the
construction project.
The SC also modified the award of legal interest in line with
their recent ruling in Nacar v. Gallery Frames, embodying
the amendment introduced by the Bangko Sentral ng
Pilipinas Monetary Board in BSP-MB Circular No. 799 which
pegged the interest rate at 6% regardless of the source of
obligation.
Administrative fine
Administrative fine pursuant to Section 38 of
Presidential Decree No. 957;
Section 38. Administrative Fines. The Authority may
prescribe and impose fines not exceeding ten thousand
pesos for violations of the provisions of this Decree or of
any rule or regulation thereunder. Fines shall be payable
to the Authority and enforceable through writs of
execution in accordance with the provisions of the Rules
of Court.
Moral Damages
In order that moral damages may be awarded in breach
of contract cases, the defendant must have acted in bad
faith, must be found guilty of gross negligence
amounting to bad faith, or must have acted in wanton
disregard of contractual obligations.
DECISION OF THE COURT

WHEREFORE, the petition is PARTLY
GRANTED. The appealed Decision
is AFFIRMED with the
MODIFICATION that the legal
interest to be paid is SIX PERCENT
(6%) on the amount due computed
from the time of respondents'
demand for refund on 8 October
1998.

Construction Contracts: January 13, 2014

Uploaded by

Copyright:

Available Formats

Construction Contracts: January 13, 2014

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Construction Contracts: January 13, 2014

Uploaded by

Copyright:

Available Formats

CONSTRUCTION

FIL-ESTATE PROPERTIES, INC. AND

Upon learning that construction works had stopped,

c) FIFTY THOUSAND PESOS (P50,000.00) as attorneys fees,

Petitioners sought relief from the Court of Appeals

Aggrieved, petitioners filed the instant petition advancing

Whether or not the Asian financial crisis constitute a

Assuming that petitioners are liable, whether or not

Whether the award of moral damages, attorneys

Code for the nonobligation entitles

Article 1191. The power to rescind obligations is

Principle of Stare Decisis

DECISION OF THE COURT

You might also like