CLO junks request of homeowners to collect rentals for use of Apas lot
CEBU, Philippines — The Cebu City Legal Office (CLO) has denied the request of a homeowners association to allow the organization to collect the monthly rental paid by Abejo Waters Corporation for the use of a 70-square meter lot in Barangay Apas.
Julieta Cabigon, president of the San Antonio Village Homeowners Association, Inc., requested the city government to return to them the rights to collect the P5,000 monthly rentals paid by the water company to the City Treasurer’s Office.
Cabigon claimed that the homeowners association used to collect the rentals from Abejo Waters but was stopped after three months.
“The association was able to receive three months payment and after the third month, it suddenly stopped without informing the association why they ceased to pay. We later learned from other source, they allegedly paid their dues to the city,” read Cabigon’s letter.
City Legal Officer Rey Gealon said that upon verification they found that the property is owned by the city government and not by the homeowners.
“Notwithstanding the fact that the homeowners association’s leadership previously received rent, it is settled in law and jurisprudence that rent or lease on a land belongs to the owner, being one of the attributes of ownership,” said Gealon.
“That is called the ‘Right to the Fruits’ or ‘Jus Fruendi.’ Article 441 (c), in relation to Article 442 of the New Civil Code is instructive on this point – that to the owner belongs the ‘civil fruits’ which come in the form of rents or leases,” he added. FPL (FREEMAN)