Published — February 26, 2021
The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of your own lawyer to address your legal concerns, if any.
Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
More on real estate aside from subdivision: RECOVERY OF THE PURCHASE PRICE IN THE SALE OF CONDOMINIUM UNITS
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An owner or developer may alter the roads or open spaces as contained in the subdivision plan
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Alterations of subdivision plan can not be done at the sole will of the developer
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Alteration must be approved by the Housing and Land Use Regulatory Board (HLURB) and the written conformity of homeowners
May a subdivision plan be altered?
For a better understanding, let us take the case of Casa Milan Homeowners Association, Inc. vs. Roman Catholic Archbishop of Manila and Register of Deed of Quezon City, G.R. No. 220042, September 05, 2018.
In this case, Regalado is the owner of the lots of Casa Milan Subdivision in North Fairview, Quezon City. The approved subdivision plan of Casa Milan designated Lot 34, Block 143, as an open space or park/playground under a title in the name of Regalado.
In 1995, Roman Catholic Archbishop of Manila (RCAM) applied with the HLURB for the segregation of a definite portion of Lot 34, Block 143 to be used as a parish church in Casa Milan. The application was supported by a letter from the residents. The letter requested that the said lot be used for the construction of a multipurpose center. The request was recommended for approval.
During the pendency for the segregation or conversion of the said portion of lot, Regalado executed a Deed of Donation giving the said portion of lot to RCAM. In March 2007, the application for the segregation was approved. The partial alteration and the subsequent conversion of the lot into a multipurpose center was also approved.
However, sometime in 2009, Casa Milan Homeowners Association which was organized only in 1999, filed a complaint before the HLURB against RCAM. Among the issues raised in the complaint is that there was no valid alteration which led to the subsequent conversion of the lot into a multipurpose center as their consent was not obtained.
Was there a valid alteration on the subdivision plan?
The Supreme Court says:
Yes.
Regalado was able to obtain a letter from the residents of the subdivision to satisfy the requirements under Section 22 of Presidential Decree No. 957 (P.D. No. 957) which talks about regulating the sale of subdivision lots and condominiums.
Section 22 of P.D. No. 957 states:
No owner or developer shall change or alter the roads, open spaces, infrastructures, facilities for public use and/or other form of subdivision development as contained in the approved subdivision plan and/or represented in its advertisements, without the permission of the [National Housing] Authority [now HLURB] and the written conformity or consent of the duly organized homeowner’s association, or in the absence of the latter, by the majority of the lot buyers in the subdivision.
To recall, Regalado was able to validly obtain a letter from the residents showing their consent to the alteration. Casa Milan Homeowners Association was organized only in 1999, thus, they could not have consented to Regalado’s or developers’ request because the association was inexistent at that time. The letter from the residents who are lot buyers in the subdivision is a compliance of the afore-stated Section 22 of P.D. No. 957.
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
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In 2010, i bought a lot to a developer at blk 1 lt 1 fronting 6 mtrs road. After 12 yrs, the original subdivision scheme was altered and approve by DENR that the road fronting my house converted into another . So design of my house was covered by another house. Instead of I am the corner lot will become lot nr 2. You can help me to challenge the develper of alteration of original subdivision plan?
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