Case Digest (G.R. No. 136492)
Facts:
This is Maxima Realty Management and Development Corporation v. Parkway Real Estate Development Corporation, G.R. No. 136492, February 13, 2004, First Division, Ynares‑Santiago, J., writing for the Court. The petition is a Rule 45 petition for review on certiorari assailing the December 9, 1998 Decision of the Court of Appeals in CA‑G.R. SP No. 41866, which affirmed the June 2, 1998 Order of the Office of the President in O.P. Case No. 5697 dismissing petitioner’s appeal as filed out of time.The property at issue is Unit No. 702, Heart Tower Condominium (Condominium Certificate of Title No. 12152). Segovia Development Corporation originally sold the unit to Masahiko Morishita, who assigned his rights to Parkway Real Estate Development Corporation on October 16, 1989. In April 1990 Parkway entered into an installment sale with Maxima Realty Management and Development Corporation for P3,000,000, with a provision that failure to pay installments would permit Parkway to forfeit amounts paid as liquidated damages. Maxima defaulted but paid P1,180,000, leaving P1,820,000 unpaid.
On May 10, 1990 Parkway (with Segovia’s consent) executed a Deed of Assignment in favor of Maxima so Maxima could secure a loan from Rizal Commercial Banking Corporation (RCBC) for P1,820,000; Segovia and Maxima agreed Segovia would transfer title to Maxima upon payment of P58,114 representing transfer fees and other charges. RCBC conditioned its loan on submission of the condominium title in Maxima’s name. Maxima failed to pay Segovia the P58,114; Segovia did not transfer title; Parkway canceled the sale and the Deed of Assignment.
On May 2, 1991 Maxima filed with the HLURB Office of Appeals, Adjudication and Legal Affairs a complaint for specific performance. On December 17, 1992 the HLURB Arbiter nullified the Deed of Assignment, ordered Parkway to refund P1,180,000 to Maxima, and ordered Segovia to issue title to Parkway upon payment of registration fees. Both Maxima and Parkway appealed to the HLURB Board of Commissioners. During the appeal Maxima offered to pay the P1,820,000 balance but failed to deliver the funds.
On March 14, 1994 the HLURB Board modified the Arbiter’s decision: it affirmed nullification of the Deed of Assignment and the order for Segovia to issue title to Parkway, but declared forfeiture of 50% of Maxima’s payments in favor of Parkway (with Parkway to refund the balance to Maxima) and ordered Segovia to pay Parkway P10,000 attorneys’ fees. Maxima filed an appeal to the Office of the President (docketed O.P. Case No. 5697) on May 10, 1994. The Office of the President dismissed the appeal as filed out of time in an order dated June 2, 1998. ...(Subscriber-Only)
Issues:
- Was Maxima’s appeal to the Office of the President timely filed?
- If timeliness is at issue, which reglementary period governs appeals from HLURB Board decisions to the Office of the President — fifteen (15) days under special presidential decrees or thirty (30) days under Section 27 of the HLURB 1994 Rules of Procedure/A...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)