Case Digest (G.R. No. 222821)
Facts:
In North Greenhills Association, Inc. v. Atty. Narciso Morales (G.R. No. 222821, August 9, 2017), petitioner North Greenhills Association, Inc. (NGA) owns and operates McKinley Park, an open-space playground in San Juan City donated by Ortigas & Co. Ltd. Respondent Atty. Narciso Morales, a resident whose house abuts the park, built a private side door through the dividing wall, affording him unhampered access for over thirty-three years. In June 2003, NGA constructed a pavilion with a public restroom adjacent to that wall, prompting Atty. Morales to file an HLURB complaint on July 23, 2003, later amended to seek demolition of the pavilion and removal of the restroom as a nuisance. The HLURB Arbiter, in a February 16, 2005 Decision, ordered removal of the pavilion, relocation of the restroom, and clearance of the side door. On November 22, 2007, the HLURB Board modified the order to relocate the restroom away from any resident’s wall and maintain access. The Office of the PresideCase Digest (G.R. No. 222821)
Facts:
- Parties and Background
- Petitioner North Greenhills Association, Inc. (NGA) is the homeowners’ association and owner of McKinley Park, donated by Ortigas & Co. Ltd., tasked with managing and maintaining common areas within North Greenhills Subdivision.
- Respondent Atty. Narciso Morales is a resident of North Greenhills adjacent to McKinley Park, who for over 33 years maintained a personal side door through the park’s perimeter wall, relying on that access as a purchase consideration.
- Factual Antecedents and Procedural History
- In June 2003, NGA began constructing a pavilion with an adjoining public restroom alongside Atty. Morales’s side wall, effectively blocking his door.
- On July 23, 2003 (amended August 13, 2003), Atty. Morales filed before the HLURB a complaint (HLURB Case No. HOA-A-050425-0014), seeking removal of the pavilion and restroom, alleging (a) his uninterrupted access for 33 years; (b) violation of his access right, PD No. 957, and the Deed of Donation; and (c) that the new restroom was a nuisance per se.
- NGA’s answer denied jurisdictional predicate, asserted its ownership rights, counterclaimed for unpaid membership dues (P 878,778.40) since 1980, and argued that prescriptive easement could not arise.
- HLURB Arbiter (February 16, 2005) ordered removal of the pavilion, relocation of the restroom, and clearing of the side door access; all other claims dismissed.
- HLURB Board of Commissioners (November 22, 2007) modified the arbiter’s ruling, dropping parties not personally implicated and ordering NGA to relocate the restroom away from any resident’s wall so as not to block the side door.
- Office of the President (February 17, 2010 Decision; August 8, 2013 Resolution denying reconsideration) affirmed the HLURB Board’s decision in toto.
- NGA petitioned for certiorari under Rule 43 to the Court of Appeals (CA-G.R. SP No. 131707).
- Court of Appeals (March 13, 2015 Decision; February 3, 2016 Resolution) affirmed the OP ruling, holding:
- The restroom was a nuisance per accidens due to potential sanitary issues and odors affecting Atty. Morales’s household.
- Atty. Morales retained an unbridled right to his side‐door access despite security concerns.
- NGA’s counterclaim for unpaid dues was permissive and properly dismissed.
- NGA filed this Rule 45 petition seeking reversal of the CA’s rulings on jurisdiction, nuisance characterization, access rights, and counterclaim classification.
Issues:
- Did the HLURB have jurisdiction over Atty. Morales’s complaint?
- Was the restroom constructed by NGA within McKinley Park a nuisance per accidens?
- Could NGA lawfully block Atty. Morales’s side‐door access to the park?
- Was NGA’s counterclaim for unpaid association dues permissive rather than compulsory?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)