G.R. No. 152272; G.R. No. 152397 Case Digest

G.R. No. 152272; G.R. No. 152397, March 5, 2012

Juana Complex Homeowners Association, Inc., etc.

vs Fil-Estate Land, Inc.

Ponente: Mendoza

Facts:

Juana Complex and other neighboring subdivisions instituted a complaint on January 20, 1999 for damages who were deprived of the use of La Paz Road. The complaint alleged that were regular commuters and motorists who constantly travelled towards the direction of Manila and Calamba.

RTC issued TRO ordering Fil-estate for a period of 20 days. RTC then conducted several hearings to determine the propriety of the issuance. Fil-estate then filed a motion to dismiss arguing that the complaint failed to state a cause of action and that it was improperly filed as a class suit.

Fil-estate filed a motion for reconsideration arguing that JCHA failed to satisfy the requirements for the issuance of WPI. RTC denied the motion to dismiss and motion for reconsideration filed by fil-estate.

On appeal, CA partially granted the petition, granting the writ of preliminary injunction is hereby annulled and set aside but the portion of the omnibus denying the motion to dismiss is upheld. CA also ruled that the complaint sufficiently stated a cause of action as alleged in the complaint.

Issue:

(1) Whether the complaint states a cause of action? (2) Whether the complaint has been properly filed as a class suit (3) whether a WPI is warranted.

Held:

(1) The subject matter of the instant case, i.e., the closure and excavation of the La Paz Road, is initially shown to be of common or general interest to many persons. The records reveal that numerous individuals have filed manifestations with the lower court, conveying their intention to join private respondents in the suit and claiming that they are similarly situated with private respondents for they were also prejudiced by the acts of petitioners in closing and excavating the La Paz Road.

(2) In the case at bench, JCHA, et al. failed to establish a prima facie proof of violation of their right to justify the issuance of a WPI. Their right to the use of La Paz Road is disputable since they have no clear legal right therein.