Title
Ortigas and Co., Ltd. Partnership vs. Feati Bank and Trust Co.
Case
G.R. No. L-24670
Decision Date
Dec 14, 1979
Ortigas & Co. sued Feati Bank over residential use restrictions on sold lots, but the Supreme Court upheld a zoning resolution reclassifying the area as commercial, ruling police power supersedes private contracts for public welfare.

Case Digest (G.R. No. 156052)
Expanded Legal Reasoning Model

Facts:

  • Parties and Real Estate Development
    • Plaintiff-Appellant: Ortigas & Co., Limited Partnership (formerly Ortigas, Madrigal y Cia), engaged in developing and selling residential lots in the Highway Hills Subdivision, Mandaluyong, Rizal.
    • Defendant-Appellee: Feati Bank and Trust Co., a Philippine corporation, acquired Lots Nos. 5 and 6 in the same subdivision for banking purposes.
  • Original Sale Contracts and Restrictions
    • March 4, 1952: Plaintiff sold Lots 5 and 6 on installment to Augusto Padilla y Angeles and Natividad Angeles under contracts stipulating exclusive residential use, prohibition on removal of soil/stones/gravel, and construction requirements (materials, painting, sanitary installations, two-meter setback).
    • July 19, 1962: Angeles vendees transferred rights to Emma Chavez; upon full payment, plaintiff executed deeds of sale embodying the same restrictions, which were annotated in Transfer Certificates of Title (“TCT”) Nos. 101509 and 101511.
  • Subsequent Transfers and Zoning Resolution
    • Defendant acquired Lot 5 from Emma Chavez (TCT No. 101613) and Lot 6 from Republic Flour Mills (TCT No. 106092) “free from liens and encumbrances,” but the original building restrictions remained annotated.
    • February 4, 1960: Municipal Council of Mandaluyong Resolution No. 27 declared the area along EDSA from Shaw Boulevard to Pasig River a commercial and industrial zone.
  • Construction, Litigation, and Procedural History
    • May 5–6, 1963: Defendant commenced construction of a bank building on Lots 5 and 6; plaintiff demanded cessation based on the annotated residential restrictions. Defendant, holding valid municipal building and planning permits, refused.
    • Civil Case No. 7706: Plaintiff sought injunction to enforce the restrictions. The Court of First Instance of Rizal dismissed the complaint, ruling that the municipal zoning resolution, as a valid exercise of police power, prevailed over the private restrictions. Motion for reconsideration was denied (March 26, 1965). Plaintiff appealed, raising only questions of law, and the records were elevated directly to the Supreme Court.

Issues:

  • Is Municipal Council Resolution No. 27, series of 1960, a valid exercise of police power by the Municipality of Mandaluyong?
  • Can said resolution nullify or supersede the building restrictions and contractual obligations embedded in the deeds of sale and annotated in the TCTs held by Defendant-Appellee?

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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