Title
San Miguel Properties, Inc. vs. Perez
Case
G.R. No. 166836
Decision Date
Sep 4, 2013
San Miguel Properties sued BF Homes for withholding 20 TCTs after purchasing lots, claiming Atty. Orendain lacked authority. Courts ruled HLURB must first resolve the validity of the sale before criminal proceedings for non-delivery under PD 957 could proceed.

Case Digest (G.R. No. 187769)
Expanded Legal Reasoning Model

Facts:

  • Transaction and Non-delivery of Titles
    • San Miguel Properties, Inc. (SMPI) purchased 130 residential lots from BF Homes, Inc. in 1992–1993 for ₱106,248,000; full payment of ₱39,122,627 made for 41 lots under the third deed.
    • BF Homes delivered titles for lots under first two deeds but withheld 20 Transfer Certificates of Title (TCTs) covering 15,565 sqm under the third deed, alleging that its receiver’s authority had lapsed.
  • Parallel Proceedings
    • On August 15, 2000, SMPI filed a criminal complaint in the Las Piñas City Prosecutor’s Office for violation of Section 25 PD 957 (non-delivery of titles).
    • Simultaneously, SMPI instituted a specific-performance case in the HLURB to compel delivery of the 20 TCTs.
  • Procedural History
    • City Prosecutor dismissed the criminal complaint on prejudicial-question grounds, deferring to HLURB/SEC issues. DOJ Secretary affirmed in October 2001, citing need for HLURB determination of transaction validity before criminal prosecution. CA denied SMPI’s certiorari petition in February 2004.
    • HLURB proceedings were suspended pending SEC resolution on Atty. Orendain’s authority; Office of the President reversed suspension; CA later remanded to HLURB under primary-jurisdiction doctrine. SMPI’s subsequent SC appeal ensued.

Issues:

  • Prejudicial Question
    • Whether the pending HLURB specific-performance case constitutes a prejudicial question warranting suspension of the criminal prosecution under PD 957.
  • Primary Jurisdiction
    • Whether the doctrine of primary jurisdiction mandates deferral to the HLURB’s expertise before proceeding with the criminal case.
  • Other Contentions
    • Whether the malum-prohibitum nature of PD 957 violations or the identity of the party raising prejudicial question alters suspension.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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