G.R. No. 216492, January 20, 2021.
Garin (Garin), a resident of Pasig City, wanted to build a house in Katarungan Village in Muntinlupa City. Per Section 10 of Muntinlupa City Ordinance No. 02-047, one of the prerequisites to secure a building permit is a clearance from the homeowners’ association. Garin requested clearance from Katarungan Village Homeowners Association (Katarungan), but clarified that “he is not a member of the association.” However, Katarungan refused to give the required clearance until he paid an assessment fee and signed up for membership in their association.
Garin filed a Petition for Mandamus to compel the City of Muntinlupa to accept his application for processing, even without the required clearance. He also prayed that Section 10 of Muntinlupa City Ordinance No. 02-047 be declared unconstitutional “insofar as it relates to the tasking of the homeowners association for the issuance of clearance.
The RTC denied petitioner’s application for preliminary injunction and suspended the case pending petitioner’s exhaustion of administrative remedies.