556 Phil. 622
SANDOVAL-GUTIERREZ, J.:
The Arbiter also found that petitioner failed to secure the conformity of the affected homeowners before it installed its drainage system; and that it did not "observe honesty and good faith in solving the issue at bar."
- Flooding still recurs in the area with an average depth of approximately 1.25 meters, particularly along Medal Street...Majority of the affected houses have damaged appliances, furniture, wall partitioning, and panel doors.
- It seems that the pump provided by the owner/developer located within Orchard Homes, adjacent to Naga River, could not accommodate the volume of flood water. The said river remains to be silted and undredged by the concerned party during the time of inspection.
- The operation of the said pump was creating disturbing loud noise despite enclosed housing provided by the owner/developer.
WHEREFORE, premises considered, judgment is hereby rendered as follows:Upon appeal by petitioner, the HLURB Board of Commissioners rendered its Decision affirming the Arbiter's judgment with modification, thus:
- Enjoining the respondent from collecting the amortization payment from the complainants until such time that the flooding problem is rectified to the satisfaction of the complainants;
- Ordering the respondent to upgrade the physical elevation of the affected streets and alleys and elevate the units from Block 17 to 25, maintaining the material specification, interior and exterior finishes, including the improvements, with the said respondent providing for free temporary shelters with complete amenities.
In the alternative, to move the affected homeowners to other flood free areas of respondent's subdivision with units of similar area on a no money-out arrangement.- In the event the respondent would opt for a sell-back of the affected seventy-seven (77) units, the respondent is directed to compensate the complainants for each unit based on the present market value, plus expenses on improvements on the units, plus moral and exemplary damages in the amount of P25,000.00 for each complainant homeowner.
However, it is understood that to the extent that the complainants have not yet paid in full the agreed consideration, the corresponding value thereof should be deducted from the foregoing.- Directing the respondent to pay the amount of P20,000.00 as and by way of attorney's fees.
IT IS SO ORDERED.
WHEREFORE, the Decision of the Office below is MODIFIED with the deletion of directive No. 2 thereof. Furthermore, in order to determine the present market value of the affected lots as well as the improvements thereon for purposes of sell back, a Board of Appraisers consisting of three members, shall be constituted as follows:Petitioner then interposed an appeal to the Office of the President.
- Complainant and respondent shall each select its representative.
- The parties will then pick as third member, a person mutually acceptable, to come from a list of independent real estate appraisers.
- The Board of Appraisers shall complete its task and shall submit its report to the Board within 60 days.
- The parties shall equally share the costs of the appraisers.
SO ORDERED.
WHEREFORE, premises considered, the appeal is hereby DISMISSED. The findings of fact and conclusions of law contained in the Decision of the HLURB First Division modifying the decision of the Arbiter are hereby adopted by reference.Forthwith, petitioner filed with the Court of Appeals a petition for review under Rule 43 of the 1997 Rules of Civil Procedure, as amended.
SO ORDERED.
ART. 1170. Those who in the performance of their obligations are guilty of fraud, negligence, or delay, and those who in any manner contravene the tenor thereof, are liable for damages.In Philippine National Construction Corporation v. Court of Appeals,[3] we defined negligence as "the omission to do something which a reasonable man, guided by those considerations which ordinarily regulate the conduct of human affairs, would do, or the doing of something which a prudent and reasonable man would do." It is the failure to observe that degree of care, precaution and vigilance that the circumstances just demand, whereby that other person suffers injury.[4] In Bank of the Philippine Islands v. Casa Montessori Internationale,[5] we reiterated the rule that negligence is never presumed but must be proven by whoever alleges it. In determining whether or not a party acted negligently, the constant test is: "Did the defendant in doing the negligent act use that reasonable care and caution which an ordinarily prudent person would have used in the same situation? If not, then he is guilty of negligence."[6]
SEC. 3. Scope of MMDA Services. - Metro-wide services under the jurisdiction of the MMDA are those services which have metro-wide impact and transcend local political boundaries or entail huge expenditures such that it would not be viable for said services to be provided by the individual local government units (LGUs) comprising Metropolitan Manila. These services shall include:In Metropolitan Manila Development Authority v. Bel-Air Village Association, Inc.,[8] this Court, speaking through then Associate Justice (now Chief Justice) Reynato S. Puno, defined "metro-wide services" as those "services which have metro-wide impact and transcend local political boundaries or entail huge expenditures such that it would not be viable for said services to be provided by the individual local government units comprising Metro Manila." These basic "metro-wide services" include: (1) development planning; (2) transport and traffic management; (3) solid waste disposal and management; (4) flood control and sewerage management; (5) urban renewal, zoning and land use planning, and shelter services; (6) health and sanitation, urban protection, and pollution control; and (7) public safety. The "powers of the MMDA are limited to the following acts: formulation, coordination, regulation, implementation, preparation, management, monitoring, setting of policies, installation of a system, and administration." The Court then holds that the MMDA is a "development authority." In other words, the MMDA is "an agency created for the purpose of laying down policies and coordinating with the various national government agencies, people's organizations, non-governmental organizations, and the private sector for the efficient and expeditious delivery of basic services" in the Metropolitan Manila area. In Metropolitan Manila Development Authority v. Garin,[9] these pronouncements were reiterated. Petitioner, therefore, cannot seek relief from the MMDA as its services only involve laying down policies and coordination with other agencies relative to its primary functions.
(a) Development planning which includes the preparation of medium and long-term development plans; the development, evaluation and packaging of projects; investments programming; and coordination and monitoring of plan, program and project implementation.x x x
(d) Flood control and sewerage management, which include the formulation and implementation of policies, standards, programs and projects for an integrated flood control, drainage and sewerage system.x x x SEC. 5, provides in part:
(a) Formulate, coordinate and regulate the implementation of medium and long-term plans and programs for the delivery of metro-wide services, land use and physical development within Metropolitan Manila, consistent with national development objectives and priorities.
(b) Prepare, coordinate and regulate the implementation of medium-term investment programs for metro-wide services which shall indicate sources and uses of funds for priority programs and projects, and which shall include the packaging of projects and presentation to funding institutions; x x x
(g) Perform other related functions required to achieve the objectives of the MMDA, including the undertaking of delivery of basic services to the local government units, when deemed necessary subject to prior coordination with and consent of the local government unit concerned.
SEC. 17. Basic Services and Facilities -From the above provisions, it is the city government of Las Piñas City which has the duty to control the flood in Meritville Townhouse Subdivision.
(a) Local government units shall endeavor to be self-reliant and shall continue exercising the powers and discharging the duties and functions currently vested upon them. They shall also discharge the functions and responsibilities of national agencies and offices devolved to them pursuant to this Code. Local government units shall likewise exercise such other powers and discharge such other functions and responsibilities as are necessary, appropriate, or incidental to efficient and effective provision of the basic services and facilities enumerated herein.
(b) Such basic services and facilities include, but are not limited to the following:
For a Municipality:
x x x
(viii) Infrastructure facilities intended primarily to service the needs of the residents of the municipality and which are funded out of the municipal funds including but not limited to municipal roads and bridges; school buildings and other facilities for public elementary and secondary schools; clinics, health centers and other health facilities necessary to carry out health services; communal irrigation, small water impounding projects and other similar projects, fish ports; artesian wells, spring development, rainwater collectors and water supply systems; seawalls, dikes, drainage and sewerage; and flood control, traffic signals and road signs, and similar facilities.
x x x
4) For A City:
All the services and facilities of the municipality and province x x x