GR 136492; (February, 2004) (Digest)
G.R. No. 136492 ; February 13, 2004
MAXIMA REALTY MANAGEMENT AND DEVELOPMENT CORPORATION, petitioner vs. PARKWAY REAL ESTATE DEVELOPMENT CORPORATION represented by LUZ LOURDES FERNANDEZ and SEGOVIA DEVELOPMENT CORPORATION, respondents.
FACTS
The case involves a dispute over Unit 702 of Heart Tower Condominium. Parkway Realty sold the unit to Maxima Realty under an installment agreement. Maxima paid P1,180,000.00 but defaulted on the remaining P1,820,000.00 balance. To facilitate payment, a Deed of Assignment was executed to transfer Parkway’s rights to Maxima, enabling Maxima to secure a bank loan. A condition required Maxima to pay Segovia (the original developer) P58,114.00 for fees and charges to effect the title transfer. Maxima failed to pay Segovia, so the title was not transferred, and the bank loan did not materialize. Parkway consequently cancelled the agreements.
Maxima filed a complaint for specific performance with the HLURB. The HLURB Arbiter nullified the Deed of Assignment and ordered Parkway to refund Maxima’s payments. Both parties appealed to the HLURB Board of Commissioners. During the appeal, Maxima offered to pay the balance, which Parkway accepted, but Maxima failed to fulfill this offer. The Board modified the Arbiter’s decision, declaring the forfeiture of 50% of Maxima’s payments as liquidated damages in favor of Parkway.
ISSUE
Was petitioner Maxima’s appeal from the HLURB Board of Commissioners to the Office of the President filed within the reglementary period?
RULING
No. The Supreme Court affirmed the dismissal of the appeal for being filed out of time. The Court applied the settled rule established in SGMC Realty Corporation v. Office of the President that the period to appeal an HLURB Board decision to the Office of the President is fifteen (15) days from receipt of the decision, as mandated by Section 15 of P.D. No. 957 and Section 2 of P.D. No. 1344. This 15-day period is jurisdictional.
The HLURB Board rendered its decision on March 14, 1994. Maxima received a copy on April 25, 1994. Counting fifteen days from receipt, the last day to perfect an appeal was May 10, 1994. Maxima filed its appeal with the Office of the President on May 10, 1994. However, for an appeal to be considered “filed” on the last day, it must be received by the appellate body on or before that date. The records showed the appeal was received by the Office of the President only on May 16, 1994, which was six days beyond the deadline. Therefore, the appeal was indisputably tardy. The Court emphasized that procedural rules on appeal periods are strictly construed, and failure to comply renders the decision final and executory. The Office of the President and the Court of Appeals correctly dismissed the appeal.