REMEDIAL LAW | JUANA COMPLEX HOMEOWNERS ASSOCIATION INC. VS FIL-ESTATE LAND G.R. No. 152272, March 5, 2012

JUANA COMPLEX HOMEOWNERS ASSOCIATION INC. VS FIL-ESTATE LAND  

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

 

FACTS:  Juana Complex and other neighboring subdivisions instituted a complaint for damages who were deprived of the use of La Paz Road. The complaint alleged were made to represent regular commuters and motorists who constantly travelled towards the direction of Manila and Calamba. Fil-estate excavated, broke and deliberately ruined La Paz Road that led to SLEX so JCHA, et al. would not be able to pass through the said road; that La Paz Road was restored by the residents to make it passable but Fil-estate excavated the road again; that JCHA reported the matter to the Municipal Government and the Office of the Municipal Engineer but the latter failed to repair the road to make it passable and safe to motorists and pedestrians; that the act of Fil-estate in excavating La Paz Road caused damage, prejudice, inconvenience, annoyance, and loss of precious hours to them, to the commuters and motorists because traffic was re-routed to narrow streets that caused terrible traffic congestion and hazard; and that its permanent closure would not only prejudice their right to free and unhampered use of the property but would also cause great damage and irreparable injury. RTC issued TRO ordering Fil-estate for a period of 20 days. to stop preventing, coercing, intimidating, or harassing the commuters and motorists from using the La Paz Road 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.  Whether the complaint states a cause of action. 


RULING: YES. The subject matter which is being complained in the case is 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.








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