Eugenio v. Sta. Monica Riverside

Eugenio v. Sta.
Monica Riverside
RTC or HLURB | Nov. 22, 2010 | Carpio Morales
SUMMARY: Eugenio and Co. did not want to leave a tract of land bought by the Sta. Monica Riverside Homeowners
Association, which was under the Housing and Land Regulatory Board (HLURB). SMR filed ejectment cases against them
in the HLURB which the petitioners them assailed based on lack of jurisdiction over the case.
DOCTRINE (for topic): HLURB has jurisdiction to supervise and regulate homeowner associations. SMR’s cause of action
resonates from rights of the members of the associations, which gives the HLURB jurisdiction over the case.
Parties:
Edna Eugenio, Mary Jean Gregorio, Renato Pajarillo, Rogellio Villamor – Petitioners
Sta. Monica Riverside Homeowners Association – Respondent
FACTS:
 Residents of a parcel of land owned by Hi-Marketing corp organized themelves into a community association
(Sta. Monica Riverside Homeowners Assoc)
o Registered with the Housing and Land Use Regulatory Board (HLURB)
o For the purpose of acquring land under the Community Mortgage Program (CMP) of the Social Housing
Finance Corporation (SHFC)
 CMP, as a mode of acquistiion was introduced by RA 7279 wherein Sec. 33 provides:
o “beneficiaries of the Program shall be responsible for their organization into associations to manage
their subdivisions or places of residence, to secure housing loans under existing Community Mortgage
Program and such other projects beneficial to them.”
 The mortgage financing program of the National Mortgage Finance Corporation (NHMFC) assists legally
organized associations of underprivileged and homeless citizen s to purchase and develop a tract of land under
the concept of community ownership.
 Under CMP, landowner executes a contract to sell the property in favor of the community associations.
o Community association then executes an agreement with the SHFC for the collection and remittance of
shares in monthy amortizatiion.
o In case of default, community association has reponsibility to find a qualified substitute
 When Sta. Monice Residence Assoc began negotiations with Hi-Marketing Corp for the purchase of the land, it
invide the petitioners as those occupying the land to become its members but they refused.
o They already formed another organization which was not accredited by the HLURB for lack of a
Memorandum of Agreement with Hi-Marketing Corporation.
 Hi-Marketing Corp agreed to sell the land, respondent complied with all the requirements under the CMP IRR.
o QC Council passed Ordinance No. SP-1303 approving respondent’s subdivision plan.
 Since petitioners declined to join the association, respondent issued a formal demand for petitioners to leave
the premises.
o Ignored.
HLURB Respondent filed a complaint for ejectment/eviction against petitioners.

 Petitioners denied refusing to join the association and questioned respondent’s
membership as non-residents (this was contrary to the CMP guidelines)
 Also questioned leadership and illegal activites of the president
 Questioned propriety of HLURB’s cognizance of complaint and prayed for dismissal
for lack of jurisdication.
July 14, 2005: HLURB ordered petitioner’s exclusion from the benefits of CMP and to surrender
and vacate the premises.
 On jurisdiction: law vested HLURB the power to regulate and supervise the activities and
operations of homeowners association. Beyond cavil, HLURB exercises principal
jurisdiction on issues affecting the homeowners association. Consequently, complainant’s
[respondent] present causes of action against respondents are incidental or collateral to
cra
the enforcement of interests of the members of the complainant which matters clearly fall
under the primary jurisdiction of HLURB. In other words, HLURB’s greater power of
regulation and control over homeowners associations carries with it incidental powers
such as the power of exclusion from benefits of CMP non members like respondents here.
Appeal to Board of Affirmed Arbiter’s decision.

Commissioners
Office of the President Affirmed decision of Board of Commissioners.

 HLURB exercises principal jurisdiction on issues affecting homeowners association
 Incidental to this power is excluding non-members of the association from the benefits
of CMP
Petitione for review to Oct. 24, 2008: Denied.

CA
Supreme Court Present petition for certiorari under Rule 65.

 Petitioners assail jurisdiciton of HLURB based on Rule II of the Disputes triably by HIGC:
Section 1. Types of Disputes. – The HIGC or any person, officer, body, board or committee duly designated or created by it shall
have jurisdiction to hear and decide cases involving the following:chanroblesvirtuallawlibrary
xxx
(9) Controversies arising out of intra-corporate relations between and among members of the association of which they are
members; and between such association and the state/general public or other entity insofar as it concerns its right to exist as a
corporate entity. (underscoring supplied)
 Petitioners claim the HLURB has no jurisdiction over case since it does not fall under
the category of an intra-corporate controversy, their being non-members having been
established.
 Nor is it a controversy between the association and the general public since main issue
is not on respondent’s juridical personality.
 State that BP129, as ameded, vests jursdiction over cases of forcible entry and
unlawful detainer on first level courts.
1) W/N HLURB has jurisdiciton over case? YES

 HLURB is vested by law w/ jurisdiction to to regulate and supervise homeowner associations.
o Respondent correctly lodged complaint with HLURB. RA 8763[9] provides:
 Section 26. Powers over Homeowners Associations. – The powers authorities and responsibilities
vested in the Corporation (formerly Home Insurance Guaranty Corporation) with respect to
homeowners association under Republic Act No. 580, as amended by executive Order No. 535[10] is cra
hereby transferred to the Housing and Land use Regulatory Board (HLURB). (underscoring supplied)
 Petitioners in fact, acknowledge HLURB’s jurisdiction in their reply to the complaint when they challenged
respondent’s right to exist as a corporate entitiy.
o If petitioner’s refuse to recognize respondent’s legitimacy, respondent will not be able to fulfill its
obligation to collect and account for the monthyl amortizations.
 While the SHFC is the main government agency tasked to administer the CMP, its authority pertains only to the
administrative and financing aspects of the State’s social housing program schemes.
 Complaint for ejectment, which raises the issue of who has a better right of possession, falls within the exclusive and
original jurisdiction of first level courts, the right of possession in the present case is, however, necessarily intertwined
with a determination of rights and privileges under a distinctive social housing concept such as CMP, which falls
within the expertise of the HLURB.
DISPOSITIVE: WHEREFORE, the petition is hereby DENIED.

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Eugenio v. Sta.

HLURB Respondent filed a complaint for ejectment/eviction against petitioners.

Appeal to Board of Affirmed Arbiter’s decision.

Office of the President Affirmed decision of Board of Commissioners.

Petitione for review to Oct. 24, 2008: Denied.

Supreme Court Present petition for certiorari under Rule 65.

1) W/N HLURB has jurisdiciton over case? YES

DISPOSITIVE: WHEREFORE, the petition is hereby DENIED.

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