G.R. No. 151821 - BANK OF THE PHILIPPINE ISLANDS, AS SUCCESSOR-IN-INTEREST OF BPI INVESTMENT CORPORATION, VS. ALS MANAGEMENT & DEVELOPMENT CORP.. D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE , premises considered, the assailed decision is hereby AFFIRMED in toto and the instant appeal DISMISSED . [4] The assailed Resolution denied reconsideration. The Facts The facts of the case are narrated by the appellate court as follows: On July 29, 1985, [petitioner] BPI Investment Corporation filed a complaint for a Sum of Money against ALS Management and Development Corporation, alleging inter alia that on July 22, 1983, [petitioner] and [respondent] executed at Makati, Metro Manila a Deed of Sale for one (1) unfurnished condominium unit of the Twin Towers Condominium located at Ayala Avenue, corner Apartment Ridge Street, Makati, Metro Manila designated as Unit E-4A comprising of 271 squares [sic] meters more or less, together with parking stalls identified as G022 and G-63. The Condominium Certificate of Title No. 4800 of the Registry of Deeds for Makati, Metro Manila was issued after the execution of the said Deed of Sale. [Petitioner] advanced the amount of P26,300.45 for the expenses in causing the issuance and registration of the Condominium Certificate of Title. Under the penultimate paragraph of the Deed of Sale, it is stipulated that the VENDEE [respondent] shall pay all the expenses for the preparation and registration of this Deed of Sale and such other documents as may be necessary for the issuance of the corresponding Condominium Certificate of Title. After the [petitioner] complied with its obligations under the said Deed of Sale, [respondent], notwithstanding demands made by [petitioner], failed and refused to pay [petitioner] its legitimate advances for the expenses mentioned above without any valid, legal or justifiable reason. In its Answer with Compulsory Counterclaim, [respondent] averred among others that it has just and valid reasons for refusing to pay [petitioners] legal claims. In clear and direct contravention of Section 25 of Presidential Decree No. 957 which provides that No fee except those required for the registration of the deed of sale in the Registry of Deeds shall be collected for the issuance of such title, the [petitioner] has jacked-up or increased the amount of its alleged advances for the issuance and registration of the Condominium Certificate of Title in the name of the [respondent], by including therein charges which should not be collected from buyers of condominium units. [Petitioner] made and disseminated brochures and other sales propaganda in and before May 1980, which made warranties as to the facilities, improvements, infrastructures or other forms of development of the condominium units (known as The Twin Towers) it was offering for sale to the public, which included the following: The Twin Towers is destined to reflect condominium living at its very best. While the twin tower design and its unusual height will make the project the only one of its kind in the Philippines, the human scale and proportion [are] carefully maintained. To be sure, modern conveniences are avai