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Maxima

Maxima Realty defaulted on an agreement to purchase a condominium unit from Parkway Real Estate. Parkway cancelled the agreement and a deed of assignment transferring the unit to Maxima. Maxima appealed but the appeal was dismissed as filed out of time. The Supreme Court affirmed, ruling that Maxima's appeal to the Office of the President was clearly beyond the 15-day reglementary period for filing an appeal.

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40 views2 pages

Maxima

Maxima Realty defaulted on an agreement to purchase a condominium unit from Parkway Real Estate. Parkway cancelled the agreement and a deed of assignment transferring the unit to Maxima. Maxima appealed but the appeal was dismissed as filed out of time. The Supreme Court affirmed, ruling that Maxima's appeal to the Office of the President was clearly beyond the 15-day reglementary period for filing an appeal.

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gleenbagani
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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ATTY.

ASHRAF MASTURA MUHAMMAD


STATUTORY CONSTRUCTION 1

MAXIMA V PARKWAY REAL ESTATE DEVELOPMENT


G.R No. 136492 | February 13, 2004
Justice Davide

FACT/S: Segovia Development Corporation (Segovia) sold Unit No. 702 of Heart Tower
Condominium in Makati City to Masahiko Morishita. Masahiko Morishita sold and
assigned all rights thereto in favor of Parkway Real Estate Development
Corporation (Parkway). Parkway and Maxima Realty and Development
Corporation entered into an agreement to buy and sell, on installment basis for
P3,000,000. Part of the stipulation included a default clause that Maxima will
forfeit amounts paid by way of liquidated damages in case of failure to pay.
Maxima defaulted and was able to pay P1.18 million because of grace periods.
Parkway was not paid the balance of P1,820,000.

On May 10, 1990, Parkway, with the consent of Segovia, arranged for a Deed of
Assignment transferring all rights to the condominium in favor of Maxima so that
Maxima has “show property” to secure a loan with RCBC. Segovia and Maxima
also agreed that the title will be transferred under Maxima’s name for P58,114 as
transfer fees, together with other expenses.
However, Maxima continued to be in default with Parkway and Segovia rendering
Parkway to cancel its agreement to buy and sell with Maxima, as well as the
Deed of Assignment. Maxima filed a case with the Office of Appeals, Adjudication
and Legal Affairs of the Housing and Land Use Regulatory Board (HLURB) for
specific performance to enforce the agreement to buy and sell. HLURB Arbiter
sustained nullification. Maxima appealed to the Board of Commissioners of the
HLURB (Board) and agreed to pay the outstanding balance but still failed to give
payment.Thus, the appeal was again resolved in favor of Parkway.

On May 10, 1994, Maxima appealed the Board’s decision to the Office of the
President. Office of the President dismissed the appeal for being filed out of time.
CA affirmed in toto the decision of the Office of the President.

ISSUE/S: Whether petitioner’s appeal before the Office of the President filed within the
reglementary period.

RULING/S: In this case, petitioner received a copy of the decision of HLURB on October 23,
1995. Considering that the reglementary period to appeal is fifteen days,
petitioner has only until November 7, 1995, to file its appeal. Unfortunately,
petitioner filed its appeal with public respondent only on November 20, 1995 or
twenty-eight days from receipt of the appealed decision, which is obviously filed
out of time.

In the case at bar, Maxima had until May 4, 1994, the fifteenth day from receipt
of the decision of the Board on April 19, 1994, to appeal to the Office of the
President. The appeal which was filed on May 10, 1994 was clearly beyond the
reglementary period.

CASE DIGEST | GLEEN MAYER D. BAGANI STAT CON JD 1-A


ATTY. ASHRAF MASTURA MUHAMMAD
STATUTORY CONSTRUCTION 1

WHEREFORE, in view of all the foregoing, the December 9, 1998 Decision of the Court of Appeals in CA-
G.R. SP No. 41866 which sustained the June 2, 1998 Order of the Office of the President in O.P. Case No.
5697 is AFFIRMED. SO ORDERED.

CASE DIGEST | GLEEN MAYER D. BAGANI STAT CON JD 1-A

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