COME NOW the undersigned attorneys for the plaintiff and the defendant in the above-entitled case, and to this Honorable Court respectfully submit the following stipulation of facts:
1. That plaintiff was incorporated as corporation way back in August 25, 1957 for the purposes stated in its Articles of Incorporation, copy of which as amended is attached hereto as Annex 'A';
2. That the By-laws of the association, copy of which as amended is attached hereto as Annex 'B', provides for automatic membership in the association for every owner and purchaser of lots located inside the Bel Air Village as defined and bounded in the Articles of Incorporation;
3. That without applying for membership in plaintiff association, defendant in this case, like the other members, automatically became a member because he is the registered owner of a lot located inside the Bel Air Village;
4. That in accordance with the By-Laws of the plaintiff, the association is run and managed by a Board of Governors who (sic) exercises, among other things, the power to assess and collect against every owner of the lot inside the Bel Air Village, certain amounts for the operation and activities of the association;
5. That pursuant to the powers granted under the By-Laws, the Board of Governors have assessed the owners of the lots inside the Bel Air Village, a sum to be paid either quarterly, semi-annually or annually, computed on the basis of the area per square meter of the lot owned by every member as follows:
a. During the period from 1962-1964, the basis of the assessment is P 0.30 for every square meter of lot owned by the members inside the Bel Air Village compound;
b. From l965-1968, the assessment was increased to P 0.35 for every square meter;
c. From 1969-1971, the assessment was further increased to P 0.40 for every square meter;
d. Starting 1972, the assessment was changed to P0.50 for every square meter of the lot owned by the members;
6. That under the By-laws, the foregoing assessments if not paid when due, constitute a lien on the lots of the owners inside the Bel Air Village;
7. That defendant is the owner of a lot located inside the Bel Air Village with an area of 525 square meters under Transfer Certificate of Title No. 81136 of the Register of Deeds of Rizal;
8. That pursuant to the powers granted under the By-laws of the association, the Board of Governors has made the following assessment on defendant's property on the basis of the area per square meter of the lot owned by him as follows:
1962—525 sq. meters x P 0.30—P 157.50
1963—525 sq. meters x P 0.30—P 157.50
1964—525 sq. meters x P 0.30—P 157.50
1965—525 sq. meters x P 0.35—P 183.75
1966—525 sq. meters x P 0.35—P 183.75
1967—525 sq. meters x P 0.35—P 183.75
1968—525 sq. meters x P 0.35—P 183.75
1969—525 sq. meters x P 0.40—P 210.00
1970—525 sq. meters x P 0.40—P 210.00
1971—525 sq. meters x P 0.40—P 210.00
1972—525 sq. meters x P 0.50—P 262.50
TOTAL--------P 2,100.00
9. That the total amount of P 2,100 alleged in paragraph 4 of the complaint represents the assessments of the plaintiff on the defendant in accordance with the computation stated in paragraph 8 above;
10. That defendant protested the above assessments and refused to pay the same inspite of repeated demands:
11. That as per Resolution No. 2-65 of the Board of Governors, copy hereof is attached as Annex 'C', all annual association dues not paid on or before September 30 are considered delinquent and imposed an interest of 12% per annum until fully paid;
12. That they are attaching to this stipulation as Annex 'D', the brochure of the association which embodies the deed of restriction and rules & regulations governing the lot owners inside the Bel Air Village.
WHEREFORE, it is respectfully prayed that judgment be rendered with the foregoing stipulation of facts.
Manila for Makati, Rizal
May 18th, 1972.
(SGD.) FRANCISCO S. DIZON (SGD.) F.R. ARGUELLES, JR.
Counsel for Defendant Counsel for Plaintiff
Suite 311 ABC Building 517 Federation Center Bldg.
Escolta, Manila Binondo, Manila
The parties submitted an addendum to stipulation of facts as follows:
ADDENDUM TO STIPULATION OF FACTS
DATED MAY 18, 1972
COME NOW the undersigned attorneys for plaintiff and defendant in the above a title case, and to his Honorable Court hereby respectfully submit the following additional stipulation by incorporating to he Stipulation of Facts , dated May 18, 1972, the Bel Air Village Association, Inc. 1971 Annual Report, to be marked as Annex "E" and made an integral part thereof.
Manila for Makati, Rizal
June 3, 1972.
(SGD.) FRANCISCO DIZON (SGD.) F.R. ARGUELLES, JR.
Counsel for Plaintiff Counsel for PLaintiff
517 Federation Center Bldg. 517 Federation Center Bldg.
Binondo, Manila Dasmarinas cor. Muelle de
Binondo, Manila
The parties having filed their respective memoranda, the inferior court rendered its decision dated July 31, 1972 in favor of the plaintiff pertinent portion of which reads as follows:
xxx xxx xxx
xxx xxx xxx
WHEREFORE, judgment is hereby rendered ordering defendant to pay plaintiff the principal amount of P 2,100.00 plus interest thereon at the rate of 12% annually from the year 1962 until the aforesaid amount is fully paid and to pay plaintiff the amount of P 300.00 as and for attorney's fees and to pay the costs of suit.
SO ORDERED.
Appeal was perfected pursuant to Republic Act No. 6031.
This Court after examining the pleadings doubted its appellate jurisdiction because issues not capable for pecuniary estimation were raised and decided in said inferior court. Upon suggestion of the Court the parties on May 30, 1973 agreed in a joint manifestation for this Court to decide the case in its original jurisdiction in order to cure the defect. They likewise agreed to submit the case for decision based on the stipulation of facts, heretofore quoted and the memoranda filed in the inferior court. Upon suggestion of the Court the plaintiff filed its supplemental memorandum on June 20, 1973." (At pp. 31-37, Rollo)
