AMA COMPUTER COLLEGE vs.

JESUS FACTORA
G.R. No. 135830, 136035, 137743. September 30, 2005.
TINGA, J.

A. Doctrine of the Case:

Petitioner’s theory that respondent is not the owner of the said condominium does not
preclude the HLURB from exercising its jurisdiction over the case. Cases for specific
performance of contractual obligations against condominium owners filed by buyers fall
within the HLURB’s competence and expertise.

B. FACTS:
Sevenis, owner of a parcel of land, engaged the services of respondent Factora to
construct a four-storey condominium building. To finance the project, Sevenis obtained a
loan from Fund Centrum. When the loan became due, Sevenis entered into a
Memorandum of Agreement with Fund Centrum and Factora wherein he assigned three
2-BR units to Factora as payment for his contractor’s fees and transferred ownership over
the land and improvements to Fund Centrum.

Being the new owner, Fund Centrum sold the same to Supreme Capital which then sold
the same to MCI Real Estate. MCI then entered into a lease with petitioner AMA which
converted the condominium into a computer school, which included the three 2-BR units
assigned to respondent Factora. The latter then filed two complaints with the Housing
and Land Use Regulatory Board. AMA argues that the HLURB has no jurisdiction over
the case.

C. ISSUE/(S):
Whether the HLURB has jurisdiction over the case.

D. RULING:
YES. Respondent is a buyer within the contemplation of PD 957. He acquired the three
condominium units as they were assigned to him by Sevenis in payment for its
indebtedness. Moreover, petitioner’s theory that respondent is not the owner of the said
condominium does not preclude the HLURB from exercising its jurisdiction over the case.
Cases for specific performance of contractual obligations against condominium owners
filed by buyers fall within the HLURB’s competence and expertise.

PD 957 was promulgated to encompass all questions regarding subdivisions and

condominiums. It is aimed at providing for an appropriate government agency, the
HLURB, to which all parties aggrieved in the implementation of its provisions and the
enforcement of contractual rights with respect to said category of real estate may take
recourse.