CA: Unit owners do not own condo land
Petitioners are not owners of the subject property, which is a parcel of land. Rather, they are owners of improvements or concrete structures situated on the subject property.
Daily TribunePetitioners are not owners of the subject property, which is a parcel of land. Rather, they are owners of improvements or concrete structures situated on the subject property.
The Court of Appeals has backed a Quezon City court's decision recognizing a private company's ownership of a parcel of land auctioned off by the government for unpaid taxes.
The CA, however, said that the 10 condominium unit owners in two buildings of the Xavierville Executive Townhouse may file a suit to back their ownership claims over their units.
Said condominium units and buildings were on the 900-square meters of land in Loyola Heights bought by the Barrington Consumer Distribution Corporation during a public auction held by the local government of Quezon City.
In its decision, the CA's Sixteenth Division, dismissed the unit owners' petition to rescind the title granted to Barrington for the land.
"Evidently, petitioners are not owners of the subject property, which is a parcel of land. Rather, they are owners of improvements or concrete structures situated on the subject property," the CA said.
"It is a basic principle of law that ownership of a parcel of land does not necessarily mean ownership of the improvements thereon," the court said in a recent decision.
The case stemmed from the City Treasurer's office sending a notice of real property tax payment delinquency against Xavierville before auctioning off the land.
The unit owners argued they did not receive the notices pertaining to the unpaid taxes, as well as the papers announcing the foreclosure and auction proceedings.
The CA said the petitioners' arguments were misplaced.
"Contrary to the petitioners' belief, the City Treasurer was under no obligation to notify them of any of the above proceedings. The provisions of the LGC (Local Government Code) are clear. All notices of the tax delinquency sale proceedings are to be published and the warrant of levy shall be sent to the owner of the real property," the CA said.
The appellate court said it is abundantly clear that petitioners are not the owners of the subject property.
The CA said the property is a parcel of land located at Loyola Heights, Quezon City, with a total area of 900 square meters, covered by TCT No. RT-108912(305027).
Listed as its registered owner is Xavierville Executive Townhouse Inc.
In upholding Barrington's rights, the court said the notice of delinquency was sent to the registered owner, Xavierville Executive, and posted at the main entrance of the Quezon City Hall as well as at the Loyola Heights village office.
The sale was also advertised in newspapers, the court noted in dismissing the petition for the annulment of judgment and in affirming the decision of the lower court.
CA Associate Justice Edwin Sorongon signed the decision concurred in by Associate Justices Marie Christine Azcarraga Jacob and Alfredo Ampuan.