7/24/2019 Maria Luisa Park Assoc Inc. vs. Almendras

1/1

MariaLuisaParkAssociation,Inc.Vs.Almendras

GRNo.171763,5June2009

Facts:

Respondentspurchased

aresidential

lot

from

MRO

Development

Corporation.

They

later

on

filed

an

applicationtoconstructaresidentialhousewithpetitioner.Petitionerapprovedsaidapplicationsubject

to a deed of restriction. Conflict between the parties ensued when petitioner discovered the non

compliance of respondents with the deed of restriction. Petitioner ordered them to make the

rectificationofthestructure.Respondentsrefused toheedtopetitionersorderand filedacomplaint

for injunction, declaratory relief, annulment of provisions of Articles and Bylaws with prayer for

issuanceofaTRO/Preliminaryinjunction.

ISSUE:Whetherornottherespondentspetitionfordeclaratoryreliefisproper?

RULING:

The SC ruled in the negative. SC indicated that it is apparent that although the complaint was

denominated as one for declaratory relief/ annulment of contracts, the allegations therein reveal

otherwise.SChighlightedthat therespondentsneitherasked forthe interpretationofthequestioned

bylawsnordidtheyallegethatthesameisdoubtfulorambiguousandrequirejudicialconstruction.The

SCfurther

added

that

what

respondents

really

seek

to

accomplish

is

to

have

aparticular

provision

of

the

petitionersbylawsnullifiedandthereafterabsolvethemfromanyviolationsofthesame.