30/05/2025
The (SC) has ruled that corporations that own units in a condominium can send representatives to sit on the condominium’s Board of Directors, even if they are themselves not unit owners.
In a Decision written by Associate Justice Maria Filomena D. Singh, the SC’s Third Division upheld the election of the group of Gregorio Pastorfide, Ramona Matibag, Cecil Monteblanco, and Roland Agustin Angeles (respondents) to the Board of Medical Plaza Makati Condominium Corporation (MPMCC).
Respondents were elected not as private persons but as official representatives of corporations that own units in the building. However, unit owner Peter Rico Rodriguez (Rodriguez) filed a complaint with the Regional Trial Court (RTC), arguing that only actual unit owners should be allowed to sit on the Board.
Upholding the respondents’ authority to sit on the Board as representatives, the SC ruled that it is the corporation – not the individual – that is the actual member sitting on the Board. Since corporations can act only through people, their authorized representatives carry out corporate duties, including being nominated and elected to the Board.
The SC added that banning representatives from participating on behalf of their corporations would be unfair and unreasonable.
Additionally, MPMCC’s By-Laws give corporate representatives full authority over all matters concerning the corporation. Thus, respondents have the right to vote and to sit as members of MPMCC’s Board on behalf of their respective corporations.
Read the full text of the Press Release at https://tinyurl.com/bffvky3z.
Read the full text of the Decision at
https://tinyurl.com/bde2pcbm.
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