Title
Ortigas and Co. Ltd. vs. Court of Appeals
Case
G.R. No. 126102
Decision Date
Dec 4, 2000
A 1976 deed restricted land use to residential until 2025; a 1981 zoning ordinance reclassified it as commercial. The Supreme Court upheld the ordinance, nullifying the restriction, ruling police power supersedes contractual terms.

Case Digest (G.R. No. 126102)
Expanded Legal Reasoning Model

Facts:

  • Contract of Sale and Restrictive Covenants
    • On August 25, 1976, Ortigas & Company Ltd. (petitioner) sold Lot 1, Block 21, Psd-66759 (1,508 sqm) in Greenhills Subdivision IV, San Juan, Metro Manila, covered by TCT No. 0737, to Emilia Hermoso.
    • The deed of sale imposed real covenants, annotated on the title, restricting the lot to single-family residential use, prohibiting signs/billboards, requiring seller’s approval of building plans, and providing termination of restrictions on December 31, 2025.
  • Zoning Ordinance and Lease
    • In 1981, the Metropolitan Manila Commission enacted MMC Ordinance No. 81-01, reclassifying a portion of Ortigas Avenue (including the lot) from residential to commercial use.
    • On June 8, 1984, Ismael G. Mathay III (private respondent) leased the lot from Emilia Hermoso and J.P. Hermoso Realty Corp. (10% owner) and constructed a single-story commercial building for Greenhills Autohaus, Inc.
  • Trial Court Proceedings
    • On January 18, 1995, petitioner filed Civil Case No. 64931 in RTC Pasig (Branch 261) for demolition of the commercial structure and sought a TRO and writ of preliminary injunction. The complaint was amended to implead Mathay III.
    • On June 16, 1995, the RTC issued the writ of preliminary injunction. Mathay III moved to set it aside on June 29, 1995; the trial court denied the motion.
  • Court of Appeals and Supreme Court Actions
    • Mathay III filed CA-G.R. SP No. 39193 (special civil action for certiorari), alleging grave abuse of discretion by the RTC for not applying MMC Ordinance No. 81-01.
    • On March 25, 1996, the Court of Appeals granted the petition, nullifying the injunction. It denied Ortigas’s motion for reconsideration on August 13, 1996.
    • Ortigas filed a petition for review on certiorari before the Supreme Court, challenging (a) the CA’s application of the zoning ordinance over deed restrictions, (b) Mathay III’s standing, and (c) alleged unaddressed factual issues.

Issues:

  • Applicability of Zoning Ordinance to Existing Deed Restrictions
    • Whether the Court of Appeals erred in holding that MMC Ordinance No. 81-01 nullified the exclusive residential-use covenants and that the RTC gravely abused its discretion in refusing to apply the ordinance.
  • Locus Standi of Lessee
    • Whether private respondent Mathay III, as lessee and not owner, is a real party in interest entitled to question the validity of the deed restrictions and to seek dissolution of the injunction.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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