TGN v. VILLA TERESA HOMEOWNERS

TGN REALTY CORPORATION v. VILLA TERESA HOMEOWNERS ASSOCIATION, INC

G.R. No. 164795

April 19, 2017

FACTS:

Petitioner TGN Realty Corporation owned and the Villa Teresa Subdivision on a parcel of land situated in Barangays Sto. Rosario and Cutcut, Angeles City, Pampanga. The project soon had many lot buyers who built or bought residential units thereon.

Respondent Villa Teresa Homeowners Association, Inc. (VTHAI) was the association of the residents and homeowners of the subdivision. Allegedly, VTHAI tried to discuss the complaints and demands but the petitioner failed and refused to meet in evident disregard of the latter's obligations as the owner and developer of the project. In view of the failure and refusal of the petitioner to heed its demands, VTHAI filed with the Housing and Land Use Regulatory Board (BLURB) its complaint for specific performance and for violation of Presidential Decree (P.D.) No. 957 and P.D. No. 1216. petitioner appealed the adverse decision to the OP on "grounds of errors in the finding of facts and appreciation of evidence and, grave abuse of discretion."

petitioner then appealed to the CA, urging the review and reversal of the OP' s decision on the "ground that there are serious errors in the findings of facts and grave abuse of discretion in the assailed Decision and Order which if not corrected would cause irreparable damage and cause grave legal consequences for the petitioner.

ISSUES: 

WO/N the CA gravely abused its discretion when it failed to order the dismissal of the subject complaint despite the clear showing that the said complaint is bereft of and factual and legal bases?

RULING:

VTHAI did not cite any basis for its demands; that VTHAI did not present any evidence to show that the approved subdivision plan required its demands; that VTHAI did not establish that the petitioner had violated Section 22 of P.D. No. 957; that VTHAI did not present evidence proving that the petitioner was the party responsible for the acts being attributed to it, like the closure of Aureo Street and a section of Flora A venue, the use of residential lots for other purposes, the proposed construction of an overpass, and the pruning of Talisay trees along the perimeter of the Holy Angel University; and that the petitioner had not complied with its obligations to complete the development of the project - are essentially factual in nature Ordinarily, the appeal by petition for review on certiorari should not involve the consideration and resolution of factual issues.