Case Digest (G.R. No. L-52781)
Facts:
In A.C. No. 9310, decided on February 27, 2013 under the 1987 Constitution, several buyers of lots in Don Jose Zavalla Subdivision—Verleen Trinidad, Florentina Lander, Wally Casubuan, Minerva Mendoza, Celedonio Alojado, Rosendo Villamin, and Aurea Tolentino—obtained a favorable decision from the Housing and Land Use Regulatory Board (HLURB) on October 11, 2000. The HLURB ordered the subdivision owner and developer, Purence Realty Corporation and Roberto Bassig, to accept payments at the old purchase price and to deliver deeds of sale and titles to the winning litigants. The decision became final and executory when no appeal was filed. Thereafter, the HLURB issued a writ of execution. On December 3, 2003, Attorney Angelito Villarin entered a special appearance for Purence Realty and filed a motion to set aside the decision and quash the writ, alleging lack of jurisdiction due to improper service. The HLURB did not act on the motion. On December 4, 2003, Villarin sent demand letteCase Digest (G.R. No. L-52781)
Facts:
- Background of the HLURB case
- Buyers of lots in Don Jose Zavalla Subdivision (including Lander, Alojado, Tolentino, Villamin) filed a Complaint for Specific Performance before the Housing and Land Use Regulatory Board (HLURB) against owner-developer Purence Realty Corporation and Roberto Bassig.
- On 11 October 2000, the HLURB ordered respondents to accept payments at the old purchase price and to deliver the Deeds of Sale and Transfer Certificates of Title to the buyers. No directive to vacate was issued.
- Post-decision events
- Purence Realty and Bassig did not appeal; the Decision became final and executory. The HLURB subsequently issued a Writ of Execution.
- Atty. Angelito Villarin entered special appearance for Purence Realty and filed an Omnibus Motion to set aside the Decision and quash the Writ for alleged lack of jurisdiction due to improper service of summons. The motion remained unacted upon.
- Demand letters and ejectment actions
- On 4 December 2003, Villarin sent demand letters to complainants (Trinidad, Lander, Casubuan, Mendoza, Alojado, Villamin, Tolentino), demanding immediate vacation of the lots within five days or face legal action.
- Purence Realty, through Villarin, then filed forcible entry cases in the Municipal Trial Court against Trinidad, Lander, Casubuan, and Mendoza.
- Administrative and disbarment complaints
- Trinidad, Lander, Casubuan, and Mendoza filed an administrative case with the Integrated Bar of the Philippines (IBP) alleging harassment and malice.
- Alojado, Villamin, and Tolentino filed a disbarment case. The IBP consolidated both cases.
- Position of respondent and findings of the IBP
- Villarin maintained the HLURB Decision was void for lack of summons on his client, thus authorizing demand letters as prerequisites to ejectment.
- The IBP found no malice in issuing the letters, recognizing Villarin’s honest belief that the Decision was void.
- However, the IBP Board noted that Villarin falsely described Lander as an “illegal occupant,” contrary to the binding HLURB Decision recognizing her purchaser-status.
Issues:
- Whether Atty. Angelito Villarin should be administratively sanctioned for issuing demand letters despite a final and executory HLURB Decision in favor of the buyers.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)