G.R. No. 256648 - PETER RICO F. RODRIGUEZ, VS. GREGORIO PASTORFIDE, RAMONA MATIBAG, CECIL L. MONTEBLANCO, AND ROLAND AGUSTIN ANGELES, IN THEIR PURPORTED CAPACITIES AS MEMBERS OF THE BOARD OF DIRECTORS OF MEDICAL PLAZA MAKATI CONDOMINIUM CORPORATION.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE , premises considered, the [e]lection of defendants Gregorio Pastorfide, Ramona Matibag, Cecil L. Montebla[n]co[,] and Roland Agustin Angeles as members of the Board of Directors of MPMCC last O[c]tober 16, 2019 is NULL and VOID. Nonetheless, the prayer for attorney's fees as damages is DENIED for lack of merit. Defendants however are directed to pay the costs of suit. SO ORDERED [.] [25] (Emphasis in the original) Citing Lim v. Moldex Land, Inc. , [26] the RTC held that while MPMCC's By-Laws allow for representation where such representatives may be considered members, this does not mean that they may also be elected as directors if they are not members in their own right. [27] Disagreeing with the RTC's nullification of their election, Pastorfide, et al. filed a Petition for Review before the CA challenging its Decision, dated October 18, 2019. The case was docketed as CA-G.R. SP No. 163119 and was consolidated with CA-G.R. SP No. 161687. The Ruling of the CA In its Decision, dated November 16, 2020, the CA denied Pastorfide, et al.'s Petition for Certiorari, but granted their Petition for Review. Accordingly, the CA reversed the RTC Decision declaring the election of respondents as null and void: WHEREFORE , the petition for certiorari is DISMISSED , but the petition for review is GRANTED . The respondent RTC's decision of [October 18, 2019] is accordingly SET ASIDE . Consequently, the Complaint re: Election Contest below is DISMISSED. IT IS SO ORDERED.