Case Digest (G.R. No. 134692) Core Legal Reasoning Model
Facts:
Freedom To Build, Incorporated, an owner-developer and seller of low-cost housing, entered into a Contract to Sell with petitioners Eliseo B. Fajardo, Jr. and Marissa F. Fajardo on a house and lot designated as Lot No. 33, Block 14, De la Costa Homes in Barangka, Marikina, Metro Manila. The contract, and the subsequent Transfer Certificate of Title No. N-115384, contained restrictive covenants requiring a two-meter frontline easement, limiting front expansion of any second storey to four meters from the original house wall, and prescribing that any upward expansion be set back from the front apex. Despite repeated warnings from respondent, petitioners extended their roof to the property line and built their second floor directly above the original front wall. Respondent filed an action before the Regional Trial Court, Pasig City, Branch 261, seeking demolition of these unauthorized extensions. The RTC ordered the immediate removal of the excess construction but denied damages a
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Case Digest (G.R. No. 134692) Expanded Legal Reasoning Model
Facts:
- Parties and Contract
- Freedom To Build, Inc. (respondent), owner-developer and seller of low-cost housing, executed a Contract to Sell with petitioners Eliseo Fajardo, Jr. and Marissa Fajardo for Lot No. 33, Block 14, De la Costa Homes, Barangka, Marikina, Metro Manila.
- The Contract contained a Restrictive Covenant imposing:
- A two-meter front easement prohibiting any structure thereon.
- Upward expansion limited to the back portion of the house, not extending beyond the original apex.
- Front second-storey expansion limited to six meters back from the front property line and four meters back from the existing front wall.
- Title Annotation and Unauthorized Construction
- Transfer Certificate of Title No. N-115384 issued to petitioners likewise annotated the above restrictions.
- Petitioners disregarded warnings and extended their roof to the property line and built a second storey over the original front wall.
- Procedural History
- Respondent filed an action in RTC, Pasig City (Branch 261) for demolition of the unauthorized extensions.
- RTC rendered judgment ordering petitioners to demolish the excess structures, denying damages and attorney’s fees for lack of proof.
- On appeal, the Court of Appeals affirmed the RTC decision.
- Petitioners elevated the case to the Supreme Court via a petition for review on certiorari.
Issues:
- Validity and Enforceability of Restrictive Covenant
- Whether respondent-relaxed developer retains personality and interest to enforce the covenant after sale.
- Whether enforcement authority has shifted to the Homeowners’ Association, absolving respondent.
- Effect of Neighbors’ Consent and Petitioners’ Personal Circumstances
- Whether the lack of objection by adjacent owners justifies petitioners’ breach.
- Whether petitioners’ need to accommodate growing families constitutes valid reason for expansion.
- Penalty of Demolition
- Whether demolition is allowable absent a specific contractual stipulation prescribing that remedy.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)