CA reverses order opening BF Parañaque gates to public

MANILA, Philippines —  The Court of Appeals (CA) Ninth Division has reversed and set aside the ruling of the Human Settlements Adjudication Commission (HSAC), which ordered the BF Federation of Homeowners’ Associations Inc. (BFFHAI) to open the five gates of the BF Homes in Parañaque to the public.

In its 41-page decision promulgated on Oct. 20, the CA division said it nullified HSAC’s writ of preliminary injunction “for having been issued with grave abuse of discretion and for being devoid of legal and factual basis.”

CA Associate Justice Edwin Sorongon, chairman of the Ninth Division, signed the decision with the concurrence of Associate Justices Ruben Reynaldo Roxas and Eduardo Ramos Jr., who also granted the BFFHAI’s petition for review of the HSAC’s June 29, 2022 ruling.

The HSAC’s ruling stemmed from its reversal of the omnibus order of regional adjudicator Marie Doblada-San Pedro of the HSAC Regional Adjudication Branch-National Capital Region, which enjoined the BFFHAI from requiring car stickers and imposing entry fees on utility and delivery providers.

Before this, members and officials of the BFFHAI filed a petition for review against the HSAC ruling, which ordered the homeowners to open to the public the five gates of the BF Homes along Aguirre Avenue, Elizalde street, El Grande Avenue, Concha Cruz street and Tropical street.

In deciding the case, the CA said the BFFHAI“ duly satisfied the requirements to giving due course” to its petition for certiorari and identified the acts that constitutes “grave abuse of discretion amounting to lack or excess of jurisdiction” as far as the HSAC ruling is concerned.

The CA said that the petition for certiorari is the proper remedy to question the ruling of the HSAC, the petition was filed in a timely manner and the HSAC has no appellate jurisdiction over the omnibus order of the regional adjudicator denying the BFFHAI’s prayer for injunctive relief.

It said the BFFHAI is authorized to collect toll from motorists for the maintenance and repair of the roads under the jurisdiction of the BF Homeowners’ Association.