BVR & ASSOCIATES
  • HOME
  • OUR SERVICES
    • TAX COMPLIANCE & ACCOUNTING
    • BUSINESS REGISTRATION
    • BACK OFFICE SUPPORT SERVICES
    • BUSINESS PROCESS OUTSOURCING
    • PAYROLL SERVICES
    • VIRTUAL ASSISTANT
    • FINANCIAL PLANNING
    • ASSET MANAGEMENT
    • HUMAN RESOURCES
  • About
  • ARTICLES
    • TESTIMONIALS
    • BLOG
  • CONTACT US
  • SERVICES

a collections of case digests and laws that can help aspiring law students to become a lawyer


Presley v. Bel-Air Village Association, 201 SCRA 13

10/28/2020

0 Comments

 
​ 
Presley v. Bel-Air Village Association, 201 SCRA 13
 

FACTS:
Spouses Almendras were the registered owners of the property while Presley as lessee of the property, is the owner and operator of Hot Pan de Sal Store. A complaint for specific performance was filed by Bel-Air Village Association, Inc. against the spouses (deceased, substituted by petitioner) for violating a Bel - Air Subdivision restriction that the subject house and lot shall be used only for residential and not for commercial purposes, and for non-payment of association dues to them.
 
The RTC rendered decision in favor of respondent which was affirmed by the CA Motion for reconsideration was denied hence this petition.
 
ISSUE/S: 
Whether or not the deed of restriction can be enforced by BAVA against the petitioner.
 
RULING:
No. The contractual stipulations on the use of the land even if said conditions are annotated on the torrens title can be impaired if necessary, to reconcile with the legitimate exercise of police power. Like all contracts, subject to the overriding demands, needs, and interests of the greater number as the State may determine in the legitimate exercise of police power. The jurisdiction of the court guarantees sanctity of contract and is said to be the 'law between the contracting parties,' (Civil Code, supra, art. 1159) but while it is so, it cannot contravene 'law, morals, good customs, public order, or public policy.' (supra, art. 1306). Above all, it cannot be raised as a deterrent to police power, designed precisely to promote health, safety, peace, and enhance the common good, at the expense of contractual rights, whenever necessary.
Jupiter Street has been highly commercialized since the passage of Ordinance No. 81-01. The records indicate that commercial buildings, offices, restaurants, and stores have already sprouted in the area. The Court saw no reason why the petitioner should be singled out and prohibited from putting up her hot pan de sal store.
0 Comments



Leave a Reply.

    Archives

    August 2022
    July 2022
    June 2022
    March 2022
    February 2022
    January 2022
    December 2021
    November 2021
    October 2021
    September 2021
    July 2021
    June 2021
    May 2021
    January 2021
    December 2020
    November 2020
    October 2020
    September 2020
    August 2020
    July 2020
    June 2020
    April 2020
    March 2020
    October 2019
    September 2019
    August 2019
    March 2018

    Categories

    All
    Agrarian Law
    Articles-of-incorporation
    By-laws
    Constitutional Law
    Criminal Law
    Law
    Persons And Family Relations

    RSS Feed

Powered by Create your own unique website with customizable templates.
  • HOME
  • OUR SERVICES
    • TAX COMPLIANCE & ACCOUNTING
    • BUSINESS REGISTRATION
    • BACK OFFICE SUPPORT SERVICES
    • BUSINESS PROCESS OUTSOURCING
    • PAYROLL SERVICES
    • VIRTUAL ASSISTANT
    • FINANCIAL PLANNING
    • ASSET MANAGEMENT
    • HUMAN RESOURCES
  • About
  • ARTICLES
    • TESTIMONIALS
    • BLOG
  • CONTACT US
  • SERVICES