SUPREME COURT
MANILA
-versus-
NAPICO HOMEOWNERS
ASSOCIATION III, INC.,
represented by its Vice
President ROSELLER D.
FORTICH,
Honorable
Commissioners REA
CORAZON GOLEZ-
CABRERA, ROLANDO B.
FALLER and DOMNINA T.
RANCES of the HLURB
Board of Commissioners
Third Division
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MANDATORY INJUNCTION AND/OR
TEMPORARY RESTRAINING ORDER
PREFATORY STATEMENT
If the misery of the poor be caused
not by the laws of nature, but by our
institutions,
great is our sin.
Charles Darwin, Voyage of the Beagle
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1. On 20 March 2015, petitioners received a photocopy
of a 2nd Notice to Vacate issued by the Office of the Clerk of
Court and Ex-Officio Sheriff of Pasig City based on the Writ
of Execution dated 27 January 2012 issued by the Hon.
JOSELITO F. MELCHOR, Housing and Land Use Arbiter of the
HLURB Expanded National Capital Region Office. Said
notice is just giving herein petitioners ten (10) days to
voluntarily vacate and peacefully turn over/surrender
possession of our respective occupied premises embraced
and described in TCT NO. PT 121274 to respondent,
NAPICO Homeowners Association III, Inc.
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not there has been a grave abuse of discretion amounting
to lack or in excess of jurisdiction on the part of any
branch or instrumentality of the government.
PARTIES
BACKGROUNDS
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on private respondents Motion for Special Order, which
herein petitioners complied and filed said comments and
opposition on 16 May 2014. Copy of said order is attached
as Annex C.
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21. Pertains the first requisite, petitioners sustained
and will be sustaining direct injury by losing their
respective familys abode and may be held to exist when
the administrative ruling will be implemented. About the
second requisite, it is complied with showing that the relief
being sought will redress the asserted injury. Petitioners
stand to suffer directly from the non-application of the
operative law that governs the instant case, and the same
act can be applied to other members and non-members of
CMP and other land tenurial programs of the government.
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25. Public respondents probably become accustomed
to adherence to applying the principle of law applicable to
a certain state of facts is applicable to future cases having
substantially similar facts although the parties may be
different.
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in meritorious cases, to relieve a litigant of an injustice not
commensurate with the degree of his thoughtlessness in
not complying with the procedure prescribed. (Lazaro v.
Court of Appeals, 386 Phil. 412, 417 (2000). The emerging trend
of jurisprudence is more inclined to the liberal and flexible
application of the Rules of Court. However, we have not
been remiss in reminding the bench and the bar that
zealous compliance with the rules is still the general
course of action. Rules of procedure are in place to ensure
the orderly, just, and speedy dispensation of cases; (Heirs of
Cesar Marasigan v. Marasigan, G.R. No. 156078, March 14, 2008,
548 SCRA 409). To this end, inflexibility or liberality must be
weighed. The relaxation or suspension of procedural rules
or the exemption of a case from their operation is
warranted only by compelling reasons or when the
purpose of justice requires it. (Commissioner of Internal
Revenue v. Mirant Pagbilao Corporation (formerly Southern Energy
Quezon, Inc.), G.R. No. 159593, October 16, 2006, 504 SCRA 484,
496.)
The Majority Leader also clarified that "all homeowners can become
members of the homeowners' association and at the same time
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allows homeowners not to engage or member in any homeowners
association as indicated in Article III, sec. 8 of the 1987 Constitution,
stating "membership in homeowner's association is generally
voluntary, subject only to a few exceptions recognized by the
Supreme Court through various decisions on the matter."
"A non-member homeowner has the duty to pay the costs and
expenses incurred by the association for the payment of basic
community services."
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enforceable.
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negligence of the client. However, herein petitioners
believe that their present plight is an exception to the
doctrine. The Most Honorable Court, in the long line of
cases decided admitted exceptions to the general rule
when: (1) the client is deprived of due process, (2) the
application of the general rule will result in outright
deprivation of clients liberty or property, and (3) where
the interest of justice so requires, and accord relief to
client who suffered by reason of lawyers gross negligence.
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application of the rule will result in a manifest
failure or miscarriage of justice, the rule may
be relaxed. x x x
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requisite of mortgage and it has the free disposal of the
property.
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related dealings. In plain, a cadastre is an official
register showing details of ownership, boundaries,
and value of real property in a district, made for
taxation purposes (Collins English Dictionary 1979).
A cadastral map displays how boundaries subdivide land
into units of ownership. The cadastre is used as the
foundation for dealings in: land valuation and taxation
land registration and land transfers, land use
planning, determination of sustainable development,
applicable modes of environmental protection, mapping
management of leases and licenses, determination of
political territories and electoral boundaries, and other
land based administrative purposes. Although in the
present time, it is digitized by computer to deliver maps
showing the digital coordinates of land parcels and
supplementary information related to the land.
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of the party favored by the suspension of the rules, (e) a
lack of any showing that the review sought is merely
frivolous and dilatory, and (f) the other party will not be
unjustly prejudiced thereby. (APO Fruits Corporation and Hijo
Plantation, Inc. vs. Land Bank of the Philippines, G.R. No.
164195,October 12, 2010).
PRAYER
WHEREFORE, premises considered, Petitioner most
respectfully prays of the Most Honorable Court the
following:
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Other reliefs and remedies, which are just and equitable,
are likewise prayed for.
Notary Public
SERIES OF 2015
Copy furnished:
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Board of Commissioners Registry Receipt No.
Housing and Land Use ______________Post Office
Regulatory Board ___ March 2015
Kalayaan Ave. cor Mayaman St.
Diliman, Quezon City
EXPLANATION
AFFIDAVIT OF SERVICE
I, WILLIAM B. TING, Filipino, of legal age and presently
residing in NAPICO, Manggahan, Pasig City, after being
duly sworn on oath, depose and state:
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Address Date of Service Mode of Service
Name
NAPICO Homeowners
Association III, Inc. as 437 Chico St., NAPICO, Registered Mail
represented by Roseller Mangahan, Pasig City
Fortich
Atty. JOSELITO F.
MELCHOR Housing and Land Use
HLURB Arbiter Regulatory Board-ENCRFO
Registered Mail
Kalayaan Avenue cor
Mayaman St., Diliman,
Quezon Cit
WILLIAM B. TING
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NOTARY PUBLIC
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