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G.R. No. L-52361 April 27, 1981

SUNSET VIEW CONO!INIU! COR"ORATION, petitioner,

vs.

T#E #ON. $OSE C. CA!"OS, $R. O% T#E COURT O% %IRST INSTANCE, &RANC#

''', "ASA( CIT( )*+ AGUILAR-&ERNARES REALT(, respondents.

G.R. No. L-5252 April 27, 1981

SUNSET VIEW CONO!INIU! COR"ORATION, petitioner,

vs.

T#E #ON. $OSE C. CA!"OS, $R., "RESIING $UGE O% T#E COURT O% %IRST

INSTANCE, &RANC# ''', "ASA( CIT(, )*+ LI! SIU LENG, respondents.

G.R. NO. 52361

FACTS:

Private respondent, Aguilar-Bernares Realty, is a sole proprietorship with busines

nae registered with the Bureau o! Coer"e, owned and operated by the spouse

#anuel $. Aguilar and %enaida B. Aguilar whi"h is the assignee o! a unit, &Solana&, in

the Sunset 'iew Condoiniu Pro(e"t with )a Perla Co., *n"orporated, a

assignor. The )a Perla Coer"ial, *n"orporated bought the &Solana& unit on installen

!ro the Tower Builders, *n".

+n une , /0/ petitioner, Sunset 'iew Condoiniu Corporation, 1led

"oplaint in the CF* o! Pasay City !or the "olle"tion o! assessents levied on the uniagainst Aguilar-Bernares Realty. The private respondent 1led a 2otion to 3isiss th

"oplaint on the grounds 45 that the "oplaint does not state a "ause o! a"tion: 4

that the "ourt has no (urisdi"tion over the sub(e"t or nature other a"tion6 and 475 tha

there is another a"tion pending between the sae parties !or the sae "ause. The

petitioner 1led its opposition thereto. 8owever, the otion to disiss was granted by

the respondent udge who opined that the private respondent is, pursuant to Se"tion

o! Republi" A"t 9o. 0;, a &holder o! a separate interest& and "onse #?"hange Coission whi"h has e?"lusive origina(urisdi"tion on "ontroversies arising between shareholders o! the "orporation.&

Petitioner 1led a otion !or re"onsideration but was denied and thus th

petitioner 1led the instant petition !or "ertiorari alleging grave abuse o! dis"retion on

the part o! respondent (udge and praying that the said orders be set aside.


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G.R. NO. 52524

Petitioner in this "ase 1led its aended "oplaint dated uly ;, /0/ o! Bran"h * o! the

City Court o! Pasay City !or the "olle"tion o! overdue a""ounts on assessents and

insuran"e preius and the interest thereon aounting to P;,;@ ; as o! 2ar"h 7,

/0/ against the private respondent )i Siu )eng. )i Siu )eng was assigned a unit

"alled &Alegria& o! the Sunset 'iew Condoiniu Pro(e"t by Al!onso y who had entereinto a &Contra"t to Buy and Sell& with Tower Builders, *n". over the said unit on

installent basis.

The private respondent 1led a otion to disiss on the ground o! la" o! (urisdi"tion,

alleging that the aount sought to be "olle"ted is an assessent. That she has

autoati"ally be"oe, as a pur"haser o! the "ondoiniu unit, a sto"holder o! the

petitioner pursuant to Se"tion o! the Condoiniu A"t, Republi" A"t 9o. 0;6 that

the dispute is intra-"orporate and is "onse


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"ondoiniu "orporation. Also it is aditted that the private respondents in both "ases

have not yet !ully paid the pur"hase pri"e o! their units.

*SS#:

45 G+9 a pur"haser o! a "ondoiniu unit in the "ondoiniu pro(e"t anaged

by the petitioner, who has not yet !ully paid the pur"hase pri"e thereo!, autoati"ally asto"holder o! the petitioner Condoiniu Corporation.

45 Ghether the regular "ourt or the Se"urities > #?"hange Coission has

(urisdi"tion over "ases !or "olle"tion o! assessents assessed by the Condoiniu

Corporation on "ondoiniu units the !ull pur"hase pri"e o! whi"h has not been paidH

8#)3:

45 9o. Se"tion D o! the Condoiniu A"t e?pressly provides that the

shareholding in the Condoiniu Corporation will be "onveyed only in a proper "ase.

9ot every pur"haser o! a "ondoiniu unit is a shareholder o! the "ondoiniu

"orporation. The Condoiniu A"t leaves to the 2aster 3eed the deterination o!

when the shareholding will be trans!erred to the pur"haser o! a unit. The provisions o!

the 2aster 3eeds "learly e?pressed that the shareholding in the Condoiniu

Corporation is inseparable !ro the unit to whi"h it is only an appurtenant and that only

the owner o! a unit is a shareholder in the Condoiniu Corporation.

*n both deeds o! "onveyan"e in both "ases, it is provided that upon !ull payentby the BI#R o! the total pur"hase pri"e and !ull "oplian"e by the BI#R o! an its

obligations herein, the S#))#R will "onvey unto the BI#R, as soon as pra"ti"able a!ter

"opletion o! the "onstru"tion, !ull and absolute title in and to the sub(e"t unit, to the

shares o! sto" pertaining thereto and to an rights and interests in "onne"tion therewith

The share o! sto" appurtenant to the unit will be trans!erred a""ordingly to the

pur"haser o! the unit only upon !ull payent o! the pur"hase pri"e at whi"h tie he will

also be"oe the owner o! the unit. Conse


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appurtenan"e when a eber or sto"holder "eases is to own a unit in the pro(e"t in

whi"h the "ondoiniu "orporation owns or holds the "oon areas, he shall

autoati"ally "ease to be a eber or sto"holder o! the "ondoiniu "orporation.

Pursuant to this statutory provision, ownership o! a unit is a "ondition sine qua non to

being a shareholder in the "ondoiniu "orporation. *t !ollows that a pur"haser o! a uni

who is not yet the owner thereo! !or not having !ully paid the !ull pur"hase pri"e, is not a

shareholder by ne"essary ipli"ation, the &separate interest& in a "ondoiniu, whi"hentitles the holder to be"oe autoati"ally a share holder in the "ondoiniu

"orporation, as provided in Se"tion o! the Condoiniu A"t, "an be no other than

ownership o! a unit. This is so be"ause nobody "an be a shareholder unless he is the

owner o! a unit and when he "eases to be the owner, he also "eases autoati"ally to be

a shareholder.

45 The sub(e"t atters o! the instant "ases are under the (urisdi"tion o! the

regular "ourts: that o! $.R. 9+. D7;, whi"h is !or the "olle"tion o! P@,77D.7@ with

interest plus attorneys !ees e

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