The Court of Appeals (CA) has sustained its earlier decision barring the opening of five gates of the BF Homes in Parañaque to the public.
In a 14-page resolution, the CA’s Former Ninth Division denied the motion for reconsideration filed by respondents Human Settlements Adjudication Commission (HSAC) and several individuals seeking the reversal of its October 20, 2022 decision which overturned and set aside a ruling of the HSAC ordering the BF Federation of Homeowners’ Associations Inc. (BFFHAI) to open the gates and allow the entry of vehicles on Aguirre Avenue, Elizalde Street, El Grande Avenue, Concha Cruz Street and Tropical Street in the BF Homes subdivisions, and to stop imposing entry fees on utility and delivery service providers.
In its appeal, the respondents assailed the CA’s decision as illegal as it amended a previous ruling of the appellate court issued on November 16, 1999 which upheld the local government of Paranaque’s reclassification of the El Grande Avenue and Aguirre Avenue as “commercial areas.”
They asserted that declaring the said roads as “commercial areas,” virtually made these thoroughfares public in nature.
Besides, the respondents maintained that the issuance of a writ of preliminary injunction by the HSAC to enjoin BFFHAI from requiring car stickers before allowing the entry of vehicles on the subject roads was justified.
They insisted that the subject roads should be opened because these are being maintained using public funds and that BFFHAI has no authority to sell car stickers.
But the CA held that El Grande and Aguirre avenues remained to be private properties despite their reclassification as commercial areas.
It noted that while the Supreme Court approved the reclassification of the El Grande and Aguirre avenues into commercial areas in a decision issued on February 7, 2007 it did not declare them as public roads.
“Needless to say, however, the reclassification does not automatically open the lands to public use,” the CA ruled.
The appellate court also upheld the authority of BFFHAI to regulate passage through subdivision and village roads under Section 10 (d) Republic Act 9904 or An Act Providing For A Magna Carta For Homeowners and Homeowners’ Association, and For Other Purposes.
The said provision states that an association has the right to “regulate access to, or passage through the subdivision/village roads for purposes of preserving privacy, tranquility, internal security, safety and traffic order.”
“The perceived inconvenience or moral suffering private respondents may suffer due to BFFHAI’s continuous implementation of the security measures is easily offset by the right of homeowners’ associations (including federations) to set goals for the promotion of safety and security, peace, comfort, and the general welfare of their residents…” the CA said.
“BFFHAI has consistently explained that the fees collected are intended for the salary of their security guards, maintenance of the roads and payment of the real property taxes due,” it added.
The CA also noted that the respondents failed to present evidence to prove that public funds were used to maintain the roads in question.
“Besides, it bears underscoring that the homeowners of the BF Homes Subdivision are still residents of the cities of Parañaque, Las Piñas, and Muntinlupa, as the case may be. Unarguably, they are entitled to avail of the basic services offered by these local government units,” the Appellate Court emphasized.
