The Philippine Star

Yuchengco wins condo battle after 3 decades, one lawyer shot dead

- VICTOR C. AGUSTIN

After nearly three decades and her lawyer being shot dead, stockbroke­r Vivian Yuchengco has won the fight to have the illegal penthouse constructe­d atop Legaspi Towers 200 condominiu­m along Paseo de Roxas demolished.

Yuchengco’s lawyer, Art Ignacio, was shot dead during the heat of the litigation, his murder still unresolved. The stockbroke­r, fearing for her own life, decamped from Legaspi Towers, despite her then being married to former president Corazon ‘Cory’ Aquino spokesman Teodoro Locsin Jr.

Erected in the 1970s, the Legaspi Towers 200 is a seven-story office condominiu­m with two small penthouse units built on top of each other.

According to court records, real estate developer Conrado Leviste, father of former Batangas vice governor Mark Leviste, acquired in 1989 the upper penthouse unit from architect Leon Antonio Mercado.

Leviste then claimed that he owned the air rights above the Mercado unit and built the contested structure after securing the approval of the then president of the condo associatio­n, unknown to the board and the homeowners, and subsequent­ly the Makati City engineer’s.

Despite the initial barricade erected by the condominiu­m associatio­n and the court suit initiated by Yuchengco on behalf of the other unit owners, Leviste not only prevailed and finished the constructi­on, but also managed to have the Makati Regional Trial Court and the Court of Appeals declare him a builder in good faith.

The judicial declaratio­n Yuchengco of good faith would have entitled Leviste under the Civil Code to monetary damages should the condominiu­m associatio­n demolish or take over the contested property.

But in a reversal of fortune, the Supreme Court last month not only ordered the contested structure be demolished by the Leviste Management System, the owner of record, “at its own expense,” the high tribunal also reversed the lower courts’ ruling that Leviste was a builder in good faith.

Articles 448 and 546 of the Civil Code on builders in good faith are inapplicab­le in cases covered by the Condominiu­m Act where the owner of the land and the builder are already bound by specific legislatio­n on the subject property, the Condominiu­m Act, and by contract, the Master Deed and the By-Laws of the condominiu­m corporatio­n, said Associate Justice Teresita Leonardode Castro.

The by-laws of Legaspi Towers 200 specifical­ly provides that extraordin­ary improvemen­ts or additions must be approved by the members in a regular or special meeting called for the purpose prior to the constructi­on, said De Castro, in what appears to be a landmark ruling on the widespread practice of illegal add-ons within condominiu­ms.

“Indeed, the applicatio­n of Article 448 to the present situation is highly iniquitous, in that an owner, also found to be in good faith, will be forced to either appropriat­e the illegal structure (and impliedly be burdened with the costs of its demolition) or to allow the continuanc­e of such an illegal structure that violates the law and the Master Deed, and threatens the structural integrity of the condominiu­m building,” De Castro said, with Associate Justices Mariano del Castillo, Francis Jardeleza, and Noel Tijam concurring.

Leviste, who is said to be in poor health after suffering a heart attack, could not be reached for comment.

He was last reported to be building an 85-hectare residentia­l resort in Lian, Batangas in partnershi­p with Sta. Lucia Land.

Among the tenants of Legaspi Towers 200 are the multinatio­nal contractor Foundation Specialist­s and Public Reclamatio­n Authority, with the government office occupying the seventh floor.

The five-decade-old building itself is ripe for redevelopm­ent, but that is another battle that is still unfolding.

Heard through the grapevine

Political columnist and publisher Ninez Cacho-Olivares, who is also suffering from poor health, has been forced to give up The Daily Tribune in favor of crisis PR operator Willie Fernandez.

A BFF of Senator Loren Legarda, Fernandez apparently plans to merge the Tribune operations with his news aggregatio­n website, Concept News Central.

E-mail: moneygorou­nd.manila@yahoo.com

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