Title
Cariday Investment Corp. vs. Court of Appeals
Case
G.R. No. 83358
Decision Date
Aug 2, 1989
Forbes Park Association enforced deed restrictions, limiting CARIDAY's building to single-family use; Supreme Court upheld FPA's authority, denying CARIDAY's petition.

Case Summary (G.R. No. 83358)

Legal and Factual Background

The dispute centers on a Deed of Restrictions annotated on Cariday’s property title in Forbes Park, which prohibits more than one "single-family residential building" on a lot and requires that lots be used solely for residential purposes. The FPA enforces these restrictions through its rules, including prohibitions against commercial use and occupancy by multiple unrelated families. The petitioner Cariday renovated its building in 1986–1987, altering its structure internally to accommodate two families. Cariday leased portions of the building to two separate tenants, prompting FPA to enforce restrictions by denying tenant entry and threatening to disconnect water service supplied by the association.


Provisions Governing the Restrictions

The Deed of Restrictions and FPA’s Articles of Association provide that:

  • Only one single-family residential building may be constructed per lot, with allowance solely for auxiliary structures like servants' quarters and garages.
  • Lots may be used only for residential purposes, excluding commercial, business, or office uses such as hotels, motels, resorts, condominiums, stores, or clubs.
  • Use and occupancy are limited to owners, bona fide residents, family members, guests, and domestic staff, barring commercial tenants.
  • The FPA may disconnect water service to enforce breach of restrictions, after due written notice.

Proceedings and Lower Court Decisions

Cariday sought injunctive relief in the Regional Trial Court to prevent FPA from disconnecting water and restricting tenant ingress, alleging that its leasing activities complied within its rights. The trial court granted a preliminary injunction in favor of Cariday. Upon appeal, the Court of Appeals annulled the injunction, siding with FPA's authority to enforce the single-family occupancy rule and to disconnect water service for violations, holding that:

  • The term “one single-family residential building” means a single family’s occupancy,
  • Leasing to multiple unrelated families violates subdivision restrictions,
  • FPA's rules and actions fall within the power granted by Deed of Restrictions and association rules.

Supreme Court’s Majority Ruling

The Supreme Court, applying the 1987 Constitution and focusing on the plain language of the restrictions, upheld the Court of Appeals’ interpretation, holding that:

  • The restriction limits not only the physical number of buildings but also restricts occupancy to one single family per building.
  • The purpose of these restrictions is to prevent overcrowding, protect common facilities, preserve aesthetics, tranquility, and security in a prestigious residential community.
  • Permitting separate families to reside in one building, even if outwardly a single-family home, circumvents the intended restriction.
  • The concept of single-family may include an extended family residing together but excludes leasing to unrelated tenant families.
  • Enforcement measures, including disconnection of water service and refusal of tenant entry, are legitimate powers of the FPA to ensure compliance.

Therefore, Cariday’s petition was denied, with costs.


Dissenting Opinion: Justice Gutierrez, Jr.

Justice Gutierrez dissented, emphasizing a liberal and reasonable interpretation of property rights and contractual restrictions. He reasoned:

  • No showing proves that two families residing in one large house causes overcrowding or deterioration the restriction seeks to prevent.
  • The restrictive enforcement aims more at preserving real estate values and an elitist lifestyle rather than public welfare or aesthetics.
  • The 1987 Constitution’s social justice and human rights provisions mandate rational land use and equitable access to housing, which are undermined by such restrictive enforcement.
  • Restrictions on property must be reasonable; courts should resist validating overly rigid controls that exacerbate social inequality.

Gutierrez called for granting the petition to relax occupancy restrictions in favor of practicality and social policy.


Dissenting Opinion: Justice Medialdea

Justice Medialdea, also dissenting, focused on the textual and legal interpretation of the restriction:

  • The phrase “one single-family residential building” specifies the type and number of structures allowed, not the use or number of occupants after construction.
  • A distinct provision regulates use and occupancy, restricting commercial uses but not explicitly limiting occupancy to one family.
  • Courts should resolve doubts in favor of property owners’ rights, especially when restrictions are not explicit.
  • Leasing to multiple families should be allowed if the building conforms externally to the single-family home type and is used solely for residential—not commercial—purposes.
  • The cited case law and FPA’s own rules indicate that occupancy restrictions exist only for commercial purposes, not occupancy by unrelated families.
  • Imposing occupancy limits can produce absurd results, such as banning families’ relatives from residing together.

He argued for granting the petition and relieving Cariday from FPA’s occupancy enforcement.


Applicable Legal Principles and Societal Considerat


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