Case Digest (G.R. No. 169228)
Facts:
The Alexandra Condominium Corporation v. Laguna Lake Development Authority, G.R. No. 169228, September 11, 2009, First Division, Carpio, J., writing for the Court.The petitioner is The Alexandra Condominium Corporation (TACC); the respondent is Laguna Lake Development Authority (LLDA). PhilRealty developed The Alexandra condominium (1987–1993) and conveyed the project’s land and common areas to TACC by Deed of Conveyance dated 18 April 1988. Building permits, sanitary/plumbing permits, certificates of final inspection and occupancy for successive clusters were issued between 1987 and 1993. PhilRealty formally turned over the completed project to TACC on 31 December 1993, but did not deliver certain as-built plans.
On 24 June 1998 LLDA informed TACC that the condominium’s wastewater did not comply with government effluent standards. LLDA sampled effluent (26 March 1999; report 6 April 1999) and found Chemical Oxygen Demand and Oil/Grease exceeded standards. LLDA issued a Notice of Violation (6 May 1999) and imposed a P1,000 daily fine from 26 March 1999 until cessation. TACC built a sewage treatment plant (STP) completed by October 2001 and sought dismissal after favorable sampling in February 2002; LLDA ultimately issued an Order dated 4 September 2003 requiring payment of P1,062,000 representing accumulated penalties.
TACC filed a petition for certiorari with the Court of Appeals (CA) seeking relief and a temporary restraining order. In a Decision dated 26 April 2005 (CA-G.R. SP No. 82409), penned by Associate Justice Arcangelita Romilla-Lontok with Associate Justices Cosico and Pine concurring, the CA dismissed the petition as prematurely filed for failure to exhaust administrative remedies and for not filing a motion for reconsideration; the ...(Subscriber-Only)
Issues:
- Was the petition for certiorari prematurely filed because TACC failed to exhaust available administrative remedies and to file a motion for reconsideration?
- Did the Court of Appeals err in disregarding TACC’s efforts to comply with effluent standards and in sustaining LLDA’s ...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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