Case Digest (G.R. No. 146031)
Facts:
Delta Development & Management Services, Inc. v. The Housing and Land Regulatory Board, G.R. No. 146031, February 19, 2008, Second Division, Tinga, J., writing for the Court.Petitioner Delta Development & Management Services, Inc. (Delta) is a domestic real estate developer of Delta Homes in Aniban, Bacoor, Cavite. Respondent Housing and Land Use Regulatory Board (HLURB) is the government regulator for housing and land development. On July 13, 1999, Elizabeth Nicolas, a buyer, filed a complaint against Delta (docketed HLURB Case No. RIV-071399-1083) alleging violations of PD 957 and Batas Pambansa Blg. 220; six other buyers later filed separate complaints against Delta.
On April 18, 2000, Arbiter Raymundo A. Foronda rendered judgment in HLURB Case No. RIV-071399-1083 ordering, among other things, payment by the complainant of a balance, delivery of title by Delta upon full payment, award of moral and exemplary damages and costs, and an administrative fine. In May 2000 spouses Luis and Letty Sierra reported to petitioner that an HLURB staff member, Jun Labapi, had prepared complaints and documents filed against Delta on behalf of the buyer-complainants; Labapi allegedly admitted preparing answers in other developers' cases.
On July 11, 2000, Delta filed a Petition for Prohibition in the Court of Appeals (CA) seeking preliminary injunction and writ of prohibition to enjoin HLURB from further proceeding with the complaints, alleging the HLURB proceedings were biased because an HLURB employee had prepared the complainants’ pleadings and thus the process was a sham. The petition did not implead the several complainants named in the HLURB cases nor serve them copies.
On July 25, 2000, the Court of Appeals dismissed the petition for prohibition, holding that Delta had failed to exhaust administrative remedies and noting the omission to implead and serve complainants. On November 7, 2000, the CA denied Delta’s motion for reconsideration. Delta then filed a Petition for Review on Certiorari under Rule 45 before the Supreme Court, assailing the two CA resolutions and reiterating that prohibition was the proper remedy because it challenged ongoing HLURB proceedings rather ...(Pro-only)
Issues:
- Did the Court of Appeals correctly rule that Delta’s petition for prohibition violated the doctrine of exhaustion of administrative remedies?
- Did the HLURB commit grave abuse of discretion amounting to lack or excess of jurisdiction by being involved in the preparation of the complaint...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)