Lim vs Moldex Case Digest (G.R. No.

206038)

Facts:

 The case involves the nullification of the July 21, 2012 meeting and subsequent actions
of the condominium corporation, 1322 Roxas Boulevard Condominium Corporation
(Condocor), due to the election of non-members as members of the Board of Directors.
 The petitioner, Mary E. Lim, filed a petition for review on certiorari assailing the
decision of the Regional Trial Court (RTC) in Civil Case No. 12-128478, which
dismissed the complaint for annulment of the meeting and election of the Board of
Directors.
 Mary E. Lim is a registered unit owner of 1322 Golden Empire Tower, a condominium
project of Moldex Land, Inc. Condocor is the registered condominium corporation for the
Golden Empire Tower.
 The individual respondents, Jeffrey Jaminola, Edgardo Macalintal, Joji Milanes, and
Clothilda Anne Roman, who were elected as members of the Board of Directors, are non-
unit buyers. Moldex, as the owner of unsold units in the Golden Empire Tower, became a
member of Condocor, and the individual respondents acted as its representatives.
 During the July 21, 2012 meeting, Lim objected to the validity of the meeting, but her
objection was denied. Lim and other unit owners present, except for one, walked out of
the meeting. The individual respondents and the other unit owner proceeded with the
meeting and elected the new members of the Board of Directors.
 Lim filed an election protest before the RTC, which dismissed the complaint, ruling that
there was a quorum during the meeting and that Moldex, as the registered owner of
unsold units, was entitled to exercise all membership rights.

Issue:

 The main issue presented before the RTC was the validity, legality, and effectivity of the
July 21, 2012 Annual General Membership Meeting and Organizational Meeting of
Condocor's Board of Directors.
 The main issues raised in the case are as follows: A. Whether non-unit buyers should be
included in determining the presence or absence of a quorum at general or annual
membership meetings of Condocor. B. Whether Moldex is a member of Condocor and
can appoint representatives to represent it. C. Whether non-unit owners can be elected as
members of the Board of Directors of Condocor.

Ruling:

 The Court ruled in favor of the petitioner and declared the July 21, 2012 meeting and all
subsequent actions of Condocor as null and void.
 The Court held that the determination of quorum in non-stock corporations, such as
Condocor, is based on the number of actual members with voting rights. The presence of
non-unit buyers should not be included in determining quorum.