G.R. No. 188802 ; February 14, 2011
REVELINA LIMSON, Petitioner, vs. WACK WACK CONDOMINIUM CORPORATION, Respondent.

FACTS

Petitioner Revelina Limson purchased an apartment unit (Unit 703) at Wack Wack Apartments. Upon moving in, she noticed defects in the electrical main panel inside the unit and reported them to respondent Wack Wack Condominium Corporation. An inspection by the City Building Office found the electrical wirings unsafe, hazardous, and non-compliant with the Philippine Electrical Code, and recommended specific repairs. Respondent demanded that Limson undertake the repairs and, upon her refusal, imposed a daily fine of ₱1,000. Limson refused, arguing that the electrical main panel was part of the common areas under Section 6 of the Condominium Act ( R.A. No. 4726 ), specifically a “utility installation,” and thus not her responsibility to repair. Separately, Limson damaged an adjacent 7th-floor utility room during the installation of an oversized whirlpool, leading respondent to impose another daily fine. Respondent filed a complaint for specific performance and damages. After assessments and penalties accumulated, respondent foreclosed on and purchased Unit 703 at a public auction. The Regional Trial Court dismissed respondent’s complaint, ruling the electrical installations were part of the common area. The Court of Appeals reversed, holding the electrical main panel was not for communal use and its repair was Limson’s responsibility, but reduced the daily fine to ₱200 and disallowed the fine for the utility room damage due to lack of prior reimbursement demand. Limson filed the present petition.

ISSUE

Whether the electrical main panel located inside Unit 703 is part of the common areas of the condominium, making its repair the responsibility of the condominium corporation, or part of the unit, making its repair the responsibility of the unit owner.

RULING

The Supreme Court ruled in favor of petitioner Revelina Limson. The electrical main panel is part of the common areas. Applying Section 6 of the Condominium Act, the Court held that “utility installations,” such as conduits and wires, are explicitly excluded from the unit and are part of the common areas, “wherever located, except the outlets thereof when located within the unit.” The electrical main panel, which distributes power to the unit’s circuits, is akin to a “conduit” or part of the wiring system, a utility installation not intended for the exclusive use of any unit owner but for the benefit of the unit it serves. Therefore, its maintenance and repair are the responsibility of the condominium corporation. The Court reinstated the RTC decision dismissing respondent’s complaint.