Concorde Condominium, Inc. v.

Baculio

G.R. No. 203678,

17 February 2016

FACTS:

Concorde Condominium, Inc., by itself and comprising the Unit Owners of Concorde Condominium
Building, filed with the RTC of Makati a Petition for Injunction against respondents that seeks

1. to enjoin Baculio and New PPI Corporation from misrepresenting to the public
that they are the owners of the disputed lots and Concorde Condominium
Building, and from pursuing for the demolition of the building which they do not
even own;

2. to prevent Asian Security and Investigation Agency from deploying its security
guards within the perimeter of the said building; and

3. to restrain Engr. Morales, Supt. Perdigon and F/C Supt. Laguna from
responding to and acting upon the letters being sent by Baculio who is a mere
impostor and has no legal personality on matters concerning the revocation of
building and occupancy permits and on the fire safety issues of the same
building.

The petition was raffled to Branch 149 which was designated as a Special Commercial Court where it
was disputed by the Respondents, through a motion to dismiss. stating that the case is beyond the
jurisdiction of Branch 149 as a Special Commercial Court. The petition seeks to restrain or compel
individuals and government officials to stop doing particular acts and that there is no showing that the
case involves a matter embraced in Section 5 of PD No. 902-A which enumerates the cases over which
the SEC [now the RTC acting as Special Commercial Court pursuant to RA No. 8799] exercises exclusive
jurisdiction. Petitioner also failed to exhaust administrative remedies which is a condition precedent.

The RTC dismissed the case for lack of jurisdiction. By petitioner’s own allegations and admissions,
Baculio and New PPI Corporation are not owners of the subject lots and the building. Due to the absence
of intra-corporate relations between the parties, it ruled that the case does not involve an intra-
corporate controversy cognizable by it sitting as a Special Commercial Court.

ISSUE:

Whether the allegations in the complaint constitutes an intra-corporate controversy that falls within the
jurisdiction of a special commercial court.

RULING:

No. The petition filed before the RTC is an action for injunction as can be gleaned from the allegations
made and reliefs sought by petitioner. Applying the relationship test and the nature of the controversy
test in determining whether a dispute constitutes an intra-corporate controversy, as enunciated in
Medical Plaza Makati Condominium Corporation v. Cullen, the Court agrees with Branch 149 that the
present case is an ordinary civil case and not an intra-corporate controversy.
No intra-corporate relations exists between the opposing parties. Moreover, the petition deals with the
conflicting claims of ownership over the lots where Concorde Condominium Building and the parking lot
for unit owners stand as well as the purported violations of the National Building Code. Considering the
foregoing, as the suit between petitioner and respondents neither arises from an intra-corporate
relationship nor does it pertain to the enforcement of their correlative rights and obligations under the
Corporation Code and the internal and intra-corporate regulatory rules of the corporation, Branch 149
correctly found that the subject matter of the petition is in the nature of an ordinary civil action.