QUEZON CITY — The Court of Appeals (CA) has dismissed a petition for temporary restraining order (TRO) filed against the Department of Human Settlements and Urban Development (DHSUD) in connection to the issues concerning the Multinational Village Homeowners Association Inc. (MVHAI).
In an eight-page resolution promulgated last July 17, 2024, the CA 12th Division junked the petition for certiorari filed by the MVHAI group of Julio Templonuevo and Carmelo Marquez.
“The instant petition is dismissed,” the CA stated in the said resolution on the petition of Templonuevo and Marquez that wished to oppose the Department’s orders to MVHAI, a homeowners association in Parañaque City.
“The urgent ex parte motion for issuance of temporary restraining order, ex parte manifestation with motion to reiterate the prayer for the issuance of TRO, and the application for issuance of temporary restraining order/preliminary injunction in the petition are denied,” it added.
The case stemmed from the letter-order from DHSUD – National Capital Region ordering MVHAI, through Arnel Gacutan, to conduct an election for the members of its 2024 Board of Directors (BOD), and authorizing him to require the group of Templonuevo and Marquez to turn-over turn over all records, documents, and properties of MVHAI.
Gacutan was the president of the MVHAI-BOD 2019 but was ordered by the Human Settlements Adjudication Commission to cease and desist from performing the functions of the BOD of MVHAI(HSAC HOA-A200212-0100). However, the Court of Appeals, in CA – G.R. SP. No. 169167, reversed this order and the other orders of the HSAC that emanated from the original case. This was upheld by the Supreme Court in its resolution in SC G.R. No. 264616.
Pursuant to that case the DHSUD-NCR issued a letter-order to MVHAI, through Gacutan, to conduct an election for the members of its 2024 Board of Directors, and authorizing him to require the group of Templonuevo and Marquez to turn-over turn over all records, documents, and properties of MVHAI.
The said letter-order was upheld by the Office of the Secretary through Undersecretary Garry De Guzman when it dismissed the appeal filed by Templonuevo and Marquez, and ordered them, as members of the 2022 BOD, to peacefully turnover all association books, records, funds, properties and offices to the 2019 BOD and to comply with the order to conduct an election for the members of the 2024 BOD.
With the letter-order becoming final, a Writ of Execution was issued by the DHSUD-NCR against Templonuevo and Marquez, and was served by the assigned Enforcement Officer on July 18, 2024.
Their continued refusal to comply, upon motion of the prevailing party, prompted the issuance of a Break Open Order on August 6, 2024.
With these, no impediment is left for DHSUD to enforce this Break Open Order as part of its mandate to regulate the activities and operations of homeowners associations as provided in RA 9904 and RA 11201. (DHSUD)
