G.R. No. 225925 , June 14, 2021
MANUELITO P. JUGUETA, PETITIONER, VS. ARTHUR J. LEDESMA AND BOARD OF DIRECTORS OF PARAÑAQUE SOUTH ADMIRAL VILLAGE HOMEOWNERS ASSOCIATION, INC. (PSAVHAI), RESPONDENTS.

FACTS

Petitioner Manuelito P. Jugueta filed a complaint with the homeowners association against respondent Arthur J. Ledesma for alleged violations of the Deed Restrictions: (1) construction of a duplex building violating the “one residential building per lot rule”; (2) building a perimeter fence over 1.5 meters in height; (3) use and occupation of a dead-end portion of Osmeña Street; (4) illegal tapping of the village’s storm drainage and water supply; and (5) breeding imported dogs for commercial purposes. The association’s president informed Jugueta that Ledesma did not violate the Deed Restrictions. Unsatisfied, Jugueta filed a complaint before the Housing and Land Use Arbiter (HLURB). The Arbiter ruled that Ledesma did not violate the Deed Restrictions but declared the lease of the dead-end street void as an ultra vires act. The HLURB Board of Commissioners, on appeal, set aside the Arbiter’s decision, declared the “one residential building per lot rule” still in force, ordered its implementation, and fined the association P10,000 for illegally leasing the subdivision road. The Office of the President affirmed this decision. The Court of Appeals denied Jugueta’s petition, affirming the OP’s decision. Jugueta filed a Petition for Review on Certiorari with the Supreme Court.

ISSUE

Whether the Resolution dated November 26, 2008 of the HLURB Board of Commissioners had already attained finality and may no longer be assailed through a petition for review on certiorari under Rule 45 of the Rules of Court.

RULING

The Supreme Court dismissed the petition. The Court ruled that the HLURB Board of Commissioners’ Resolution dated November 26, 2008 had already attained finality. The Court noted that under the applicable law, Republic Act No. 9904 (The Magna Carta for Homeowners and Homeowners’ Associations), all decisions of the HLURB are appealable directly to the Court of Appeals. Since Jugueta appealed the HLURB decision to the Office of the President instead of directly to the Court of Appeals, the OP decision was rendered without jurisdiction. Consequently, the HLURB Resolution attained finality and could no longer be assailed through a petition for review on certiorari under Rule 45. The Court emphasized that it does not have the power to decide questions except as presented by the parties in their pleadings, and no error was assigned regarding the propriety of the appeal to the OP. The Court found no reversible error in the CA’s decision.