Atty. Morales has been a long time resident of North Greenhills Subdivision; his house is located alongside Club Filipino and adjacent to McKinley Park, a park/open space/playground area owned by North Greenhills Association. He built a personal access door to the park, allowing him to go directly to the park. In June 2003, NGA started constructing a pavilion or kiosk occupying the side of the park adjacent to the residence of Atty. Morales. Part of the design was a public restroom intended to serve the needs of park guests and members of NGA. Said restroom was constructed alongside the concrete wall separating the house of Atty. Morales from the park.
Disagreeing with the decision of NGA, Atty. Morales filed a complaint with the Housing and Land Use Regulatory Board. He complained that the restroom being constructed by the NGA was a nuisance per accidens. NGA disagrees, and held that as the absolute owner of the park, it had the absolute right to fence the property and impose reasonable conditions for its use; the construction of the restroom was for the use of all members, including Atty. Morales; Atty. Morales’s use of his personal access could not ripen into prescription; and sought to collect from Atty. Morales his membership dues which the NGA alleged had been unpaid for a long time.
The HLURB ruled in favor of Atty. Morales, ordering NGA to relocate the restroom, and the obstruction to Atty. Morales’s access door. The HLURB Board affirmed with modification the Arbiter’s ruling, which the Office of the President again affirmed. On appeal to the CA, it affirmed the OP ruling and ruled that the restroom being constructed was a nuisance per accidens. It opined that the construction of the restroom not only endangered the health of Atty. Morales, but the members of his household who may contract diseases from the waste emanating from the restroom.
NGA elevated the case to the Supreme Court.
The Issue:
Whether or not the CA erred in declaring the restroom constructed in the park and adjacent to the house of Atty. Morales as a nuisance per accidens.
The Ruling:
The Court partly grants the petition.
On Jurisdiction
Basic is the rule that jurisdiction over the subject matter of a case is conferred by law and determined by the allegations in the complaint which comprise a concise statement of the ultimate facts constituting the plaintiff’s cause of action. The nature of an action, as well as which court or body has jurisdiction over it, is determined from the allegations contained in the complaint, irrespective of whether or not the plaintiff is entitled to recover upon all or some of the claims asserted therein. Once vested by the allegations in the complaint, jurisdiction remains vested irrespective of whether or not the plaintiff is entitled to recover upon all or some of the claims asserted therein.
Relative thereto is the rule that lack of jurisdiction over the subject matter may be raised at any stage of the proceedings.Jurisdiction over the subject matter is conferred only by the Constitution or the law.It cannot be acquired through a waiver or enlarged by the omission of the parties or conferred by the acquiescence of the court. Consequently, questions of jurisdiction may be cognizable even if raised for the first time on appeal.
NGA claims that the HLURB never had jurisdiction over the complaint filed by Atty. Morales considering that there was no allegation that he was member of the association, entitling him to claim the use of the latter’s facilities including the right of access to McKinley Park. Citing Sta. Clara Homeowner’s Association v. Gaston NGA asserts that for HLURB to acquire jurisdiction over disputes among members of an association, it is a requirement that the allegation of membership must be clear in the complaint, otherwise, no authority to hear and decide the case is vested in the concerned agency. Membership in a homeowners’ association is voluntary and cannot be unilaterally forced by a provision in the association’s articles of incorporation or by-laws, which the alleged member did not agree to be bound to.
In this case, it appears that Atty. Morales, by filing his complaint as a member whose rights have been allegedly violated, has satisfied such requirement. His status as a member has not been questioned. It is worthy to note that NGA, in its counterclaim, demanded the payment of association dues from Atty. Morales as he has been refusing to pay his dues for more than three decades. In sum, there is no dispute that Atty. Morales is a member of NGA, albeit a delinquent member. In Tumpag v. Tumpag, the Court said:
Generally, the court should only look into the facts alleged in the complaint to determine whether a suit is within its jurisdiction. There may be instances, however, when a rigid application of this rule may result in defeating substantial justice or in prejudice to a party’s substantial right. In Marcopper Mining Corp. v. Garcia, we allowed the RTC to consider, in addition to the complaint, other pleadings submitted by the parties in deciding whether or not the complaint should be dismissed for lack of cause of action. In Guaranteed Homes, Inc. v. Heirs of Valdez, et al., we held that the factual allegations in a complaint should be considered in tandem with the statements and inscriptions on the documents attached to it as annexes or integral parts. [Citations omitted]
Considering that the requirement of membership is present, jurisdiction over the subject matter of the case was properly vested in the HLURB.
On the finding that the restroom
was a nuisance per accidens
The CA in disposing the case, ruled that the restroom posed sanitary issues to Atty. Morales and is, therefore, a nuisance per accidens. Such is a finding of fact, which is generally conclusive upon the Court, because it is not its function to analyze and weigh the evidence all over again.
There are, however, well-recognized exceptions. These are (1) when the findings are grounded entirely on speculations, surmises or conjectures; (2) when the inference made is manifestly mistaken, absurd or impossible; (3) when there is grave abuse of discretion; (4) when the judgment is based on a misapprehension of facts; (5) when the findings of fact are conflicting; (6) when in making its findings the Court of Appeals went beyond the issues of the case, or its findings are contrary to the admissions of both the appellant and the appellee; (7) when the findings are contrary to that of the trial court; (8) when the findings are conclusions without citation of specific evidence on which they are based; (9) when the facts set forth in the petition as well as in the petitioners main and reply briefs are not disputed by the respondent; (10) when the findings of fact are premised on the supposed absence of evidence and contradicted by the evidence on record; or (11) when the Court of Appeals manifestly overlooked certain relevant facts not disputed by the parties, which, if properly considered, would justify a different conclusion.
NGA avers that the case falls under the said exceptions considering that no proof was ever presented to prove that the restroom was a nuisance per accidens. Absent such evidence, the CA’s finding was only speculative, resulting in a grave misapprehension of facts.
The Court agrees.
A nuisance per accidens is one which depends upon certain conditions and circumstances, and its existence being a question of fact, it cannot be abated without due hearing thereon in a tribunal authorized to decide whether such a thing does in law constitute a nuisance.Obviously, it requires a determination of such circumstances as to warrant the abatement of the nuisance. That can only be done with reasonable notice to the person alleged to be maintaining or doing the same of the time and place of hearing before a tribunal authorized to decide whether such a thing or act does in law constitute a nuisance per accidens.
In other words, it requires a proper appreciation of evidence before a court or tribunal rules that the property being maintained is a nuisance per accidens.
A reading of the CA’s decision would easily reveal that its conclusions were merely speculative. It wrote:
The said toilet, to Our mind, poses sanitary issues which could adversely affect not only the Respondent but his entire household as well. Even if there exists a perimeter wall between Respondent’s house and the toilet, the odor emanating from the latter could easily find its way to the dining area, and the foul and noxious smell would make it very difficult and annoying for the residents of the house to eat. Moreover, the proximity of the toilet to Respondent’s house places the people residing therein at greater risk of contracting diseases both from improperly disposed waste and human excrements, as well as from flies, mosquitoes, and other insects, should petitioner NGA fail to maintain the cleanliness in the said structure. Verily, the determining factor when the toilet is the cause of the complaint is not how much it smells or stinks but where it is located as to produce actual physical discomfort and annoyance to a person of ordinary sensibilities.
By the use of the words “would, should, could,” it can be discerned that the CA was not even sure that the restroom has caused such annoyance to Atty. Morales or his family. Its declaration that the restroom is a nuisance per accidens had no basis in evidence. There is nothing in the records which discloses that Atty. Morales had introduced any evidence, testimonial or documentary, to prove that the restroom annoyed his senses, that foul odor emanated from it, or that it posed sanitary issues detrimental to his family’s health. No certification by the City Health Officer was even submitted to the HLURB to attest on such matters.
It was improper on the part of the CA to assume those negative effects because modern day restrooms, even those for the use of the public, are clean, safe and emitting no odor as these are regularly maintained. For said reason, it was an error on the part of the CA to rule that the restroom was a nuisance per accidens and to sustain the order that it should be relocated.
Clearly, its finding was based on speculations, and not evidence.
On the finding that Atty.
Morales had no access to
to McKinley Park
NGA claims that the CA erred in upholding Atty. Morales’ unbridled access to the park, which effectively constituted an easement of right of way without any basis as against the clear statutory right of NGA, as the owner of the park, to fence and protect its property on the basis of Articles 429 and 430 of the Civil Code.
The Court agrees with NGA.
Under the Civil Code, NGA, as owner of the park, has the right to enclose or fence his land or tenements by means of walls, ditches, live or dead hedges, or by any other means without detriment to servitudes constituted thereon. It also has a right to exclude others from access to, and enjoyment of its property.
NGA’s legal right to block the access door is beyond doubt. Courts have no business in securing the access of a person to another property absent any clear right on the part of the latter.
The CA essentially violated the right of NGA. Atty. Morales never introduced any evidence that he had acquired any right by prescription or by agreement or legal easement to access the park through his side door. Moreover, he never claimed that his side door was his only access to the park. He has other means and, being adjacent to the park, going through other means is not cumbersome.
The conditions set forth under the Deed of Donation by Ortigas & Co. Ltd. to NGA could not be used by Atty. Morales in his favor. Assuming that he has a right as a member to use the park, it does not mean that he can assert that his access to the park could only be done through his side door. Atty. Morales knows very well that he can access the park through some other parts of the park.
Counterclaim for unpaid dues was a
permissive one and, therefore, the
affirmation of its dismissal was proper
A compulsory counterclaim is any claim for money or any relief, which a defending party may have against an opposing party, which at the time of suit arises out of, or is necessarily connected with, the same transaction or occurrence that is the subject matter of the plaintiffs complaint. It is compulsory in the sense that it is within the jurisdiction of the court, does not require for its adjudication the presence of third parties over whom the court cannot acquire jurisdiction, and will be barred in the future if not set up in the answer to the complaint in the same case. Any other counterclaim is permissive.
The Court has held that the compelling test of compulsoriness characterizes a counterclaim as compulsory if there should exist a logical relationship between the main claim and the counterclaim. The Court further ruled that there exists such a relationship when conducting separate trials of the respective claims of the parties would entail substantial duplication of time and effort by the parties and the court; when the multiple claims involve the same factual and legal issues; or when the claims are offshoots of the same basic controversy between the parties.
The criteria to determine whether the counterclaim is compulsory or permissive are as follows:
| (a) | Are issues of fact and law raised by the claim and by the counterclaim largely the same? |
| (b) | Would res judicata bar a subsequent suit on defendants claim absent the compulsory rule? |
| (c) | Will substantially the same evidence support or refute plaintiffs claim as well as defendant’s counterclaim? |
| (d) | Is there any logical relations between the claim and the counterclaim? |
A positive answer to all four questions would indicate that the counterclaim is compulsory. Otherwise, the same is permissive.
Here, the main issues in the complaint are limited only to the propriety of barring Atty. Morales from accessing the park through the side door and whether the restroom constructed by NGA is a nuisance per se. On the other hand, the counterclaim is simply concerned with collecting from Atty. Morales his unpaid association dues for the past thirty (30) years. Suffice it to state that payment or non-payment of association dues are distinct matters that do not relate to whether the main cause of Atty. Morales against NGA was proper. Whether there was payment or otherwise is irrelevant to the main issues considering that the pleadings filed by the parties essentially reflected an admission of membership of Atty. Morales in the association. The failure to raise the issue of unpaid association dues in this case or its dismissal if properly raised will not be a bar to the filing of the appropriate separate action to collect it.
WHEREFORE, the petition is PARTLY GRANTED. The March 13, 2015 Decision and the February 3, 2016 Resolution of the Court of Appeals in CA-G.R. SP No. 131707, are REVERSED insofar as it affirmed (1) Atty. Morales’ entitlement to an unbridled access to the park through his side door; and (2) the order to relocate the restroom to another area.
SO ORDERED.
MENDOZA, J.:
Carpio, (Chairperson), Peralta, Leonen, and Martires, JJ., concur.
G. R. No. 222821, August 9, 2017, NORTH GREENHILLS ASSOCIATION, INC., PETITIONER, V. ATTY. NARCISO MORALES, RESPONDENT.
Citations omitted.
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