Property developer Sta. Lucia Land Inc. said mass housing developer 8990 Holdings Inc. has no right to oust the present homeowners of Vista Real Classica subdivision in Quezon City.
In an emailed statement, Sta. Lucia said the issue of possession and ownership of Vista Real Classica has yet to be resolved by the Supreme Court.
“We condemn the actions of 8990 Housing Development Corp. for harassing and unjustly ousting the homeowners of Vista Real Classica despite the lack of legal basis over its ownership claims. Vista Real Classica homeowners are buyers in good faith and for value and they were not parties to the cases filed in court,” Sta. Lucia said. “To oust them at this point in time is a grave violation of their rights and of due process. Moreover, the case is not yet final and executory insofar as Sta. Lucia Realty is concerned because its petition in the Supreme Court is still pending and yet to be resolved.”
Sta. Lucia was the developer of Vista Real Classica while Garsons Co. Inc. is the owner of the property.
The two parties earlier entered into a development agreement for Sta. Lucia to develop Garson’s property into a residential subdivision.
After Sta. Lucia had completed the development of the property into a residential subdivision, the camp of Evangeline L. Puzon, who then assigned the said property to 8990 Housing Development, filed a complaint with the Regional Trial Court (RTC) of Quezon City claiming ownership over the said property. The RTC ruled in favor of Puzon declaring her as owner and rightful possessor of the property.
Sta. Lucia Realty and Garsons separately filed an appeal with the Court of Appeals (CA), which modified the RTC decision. The CA ruled that Puzon is the rightful possessor of the property.
“This is a mere phyrric victory because the homeowners have their respective titles and were not impressed as party defendants,” Sta. Lucia said.
The CA ruling also denied the claim of ownership by the camp of Puzon as she was not able to trace back its ownership from the mother title known as OCT 333. The CA, however, gave possession to 8990 Housing Development, to whom the camp of Puzon assigned the said property even as it never proved ownership, the realtor said.
In a separate emailed statement, 8990 said that its actions of placing its own guards at the village “were not only within the bounds of law but were also coordinated with lawful authorities.”
“Current residents within 8990’s property are free to access their homes and in fact maintain status quo at present. The positioning of 8990’s own security team is to ensure that 8990’s rights to possess are established and to make sure that respondents Sta. Lucia et al. will not be able to sell the remaining portions of 8990’s property to their prospective buyers,” it said.
“Not only had 8990 continuously informed Sta. Lucia et al. of all Court Notices and Motions, 8990 had also previously sent communications to Vista Real Classica Homeowners Association Inc., but are yet to receive a response to date.”
Sta. Lucia said the CA ruling was only an award of possession and not right of ownership.
“Possession is but an attribute of the right of ownership. As such, there should be no reason to harass Vista Real residents, who bought their property in good faith,” the company said.
Sta. Lucia had filed a petition with the Supreme Court questioning the decision of the CA granting possession to Puzon.
The Supreme Court later upheld the CA decision denying the claim of ownership by the camp of Puzon as substituted by 8990 Housing Development.
Sta Lucia, however, asked that the Supreme Court should rule on both the issue of ownership as well as the issue of possession.
“8990 is therefore tied up with its possessory right and by finality, it can no longer allege ownership over said property,” Sta. Lucia said.
To protect the interests of their homeowners/buyers, Garsons and Sta. Lucia said they are filing a complaint for the quieting of title in order to declare their right of ownership which, at this time, 8990 Housing Development could no longer do as it is barred by a final judgement by the SC.
In this new case to be filed, Garsons and Sta. Lucia Realty will not only prove that they are the rightful and legal owners of the property, but will also demand from the courts actual moral and exemplary damages, among others, it said.
“Sta. Lucia Realty builds in good faith. As proven in the past decades, the company has a clean, solid, and reputable record in development and construction. We are looking forward to a final judgment in favor of Sta. Lucia Realty.”
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The article was originally published in Business Mirror and written by VG Cabuag.
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