Petitioner
Corinthian Gardens Association
Respondent
Spouses Reynaldo
Citation
G.R. No. 160795
Court
Supreme Court
Division
Third Division
Ponente
Nachura, J.
Decided
June 27, 2008

Summary

The Supreme Court affirmed the Court of Appeals decision holding Corinthian Gardens Association liable for negligence in approving building plans that resulted in encroachment. Spouses Cuaso's perimeter fence encroached 87 square meters onto Spouses Tanjangco's property in Corinthian Gardens Subdivision. The Court applied Article 2176 of the Civil Code on quasi-delict, rejecting Corinthian's defense that it conducted mere 'table inspections.' The Court held that by requiring approval of building plans and collecting fees, Corinthian assumed responsibility to ensure compliance with subdivision rules. The decision emphasized that homeowners associations cannot enjoy benefits of authority while avoiding corresponding responsibilities. The Court also affirmed the CA's award of P10,000 monthly rental (increased from RTC's P2,000) considering the property's value and two-decade deprivation period.

Statutes applied

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By Intellegal Editorial Board · June 27, 2008

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