Condo officials lose round at Makati court

A COURT in Makati City has stopped officials of a condominium building from barring the entry of at least 83 unit owners into their properties.

In a temporary-restraining order (TRO) issued by Judge Benjamin Pozon of Branch 139 of the Regional Trial Court (RTC) in Makati City, enjoined officials of Infinity Tower Condominium, particularly its supposed administrator Jack Rodriguez, from denying the entry of the owners into their units.

“After careful and judicious examination of the allegations in the complaint and all the documents presented by the plaintiff [condominium unit owners], this Court is satisfied that the said complaint, which incorporated the application for issuance of temporary-restraining order/injunction, is verified and shows facts entitling the plaintiff to the relief demanded,” Pozon said.

Pozon said the administrator “should never be provided rights higher than its owners.”

When the TRO issued by Pozon expired, Judge Ethel Mercado Gutay of Branch 138 of the RTC in Makati City extended it. Pozon issued the order in his capacity as executive judge of the RTC in Makati.

“After due deliberation, the Court finds the prayer for the extension of the TRO for a period of 20 days meritorious,” Gutay said.

The TRO gave the 83 owners the unhampered access to their properties, which they have never visited for more than six months, including even stepping into the building after they were reportedly barred by Rodriguez with the help of security guards.

Earlier, Quadrillion Property Development Corp., supposedly the company taking care of Infinity Tower as property administrator based on a writ of preliminary injunction, ejected the occupants of the units.

Rene Acosta

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