PROPERTYPHILIPPINE DAILY INQUIRER

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Desk EditorAmy R. Remo

EditorTheresa S. Samaniego

PIONEERING CONDOBy Theresa S. Samaniego@teksamaniegoINQ

H e took a risk and it paidoff. While residentialcondominiums were al-ready starting to take

off in key urban centersabout a decade ago, JeffreyNg opted not to join the frayin building these moderndwellings in Metro Manila.

Instead, the president ofCathay Land Inc. started tobuild his mid-rise condo-miniums outside the metro,where the residents preferand are still more accus-tomed to the traditionalhouse-and-lot setting.

“We started building(mid-rise condominium pro-jects) around 10 years agowith Scandia I and II. We feltthat even there (in Silang,Cavite), we had a demand.People, especially the expa-triates working in the nearbyindustrial estate were askingus about it,” Ng recalled.

Expat communityHe shared that at that

time, there were a lot of Ko-reans and Japanese who wereworking in the differentmultinational companies innearby industrial estates.While some prefer thehouse-and-lot setting, a bignumber of the expats pre-ferred to stay in a condo unit.

“With the demand com-ing from them, we thought ofputting up, initially, ScandiaSuites I and II and both weresold out. Since then, we haveput up several more,” Ngsaid. “Selling wasn’t an is-sue.”

Cathay Land also has theGolf View Terraces, StanfordSuites I, II and III, and theFullerton Suites, which brokeground last year. All these arelocated in Silang, Cavite.Each project has its ownamenities such as the swim-ming pool and landscapedgardens, which Ng said, theexpats “really liked.”

The recently built condosfurther have pocket gardensin every floor, affording resi-dents and their guests withstunning views of eitherTagaytay or the Laguna Lakeas they lounge around.

What appealed to theexpats, he further explained,was that living in a condoaffords them utmost conve-nience. For one, they won’thave to worry about themaintenance of their home,repairs, as well as their safetyand security. A condo’sproximity to the expats’workplaces, commercial es-tablishments, service shops,among others, lessen thehassle of having to drive farto get your essentials.

Growing local marketBut what surprised Ng

was that apart from expats,there was also a growingpreference from Filipinos inthe area.

“To our surprise, there’salso quite a big demand fromother markets,” Ng said. “Wehave Filipinos working at theindustrial estates, too, theempty nesters who prefer thecondominium lifestyle, pro-fessors from neighboringschools and universities, andeven students. We have a lotof schools beside us—youhave St. Scholastica, DonBosco, De La Salle,Xavier, Miriam and B5-2

LIFESTYLE IN THE SOUTH

P R O P E R T Y SATURDAY / OCTOBER 26, 2019WWW.INQUIRER.NETB 5 - 2

Sorry honey… you alone must pay!It is one nightmare that theywill never forget. Spouses Renand Lecia and several other per-sons were accused of murder.After trial, the court acquittedRen, but found Lecia andanother person guilty beyondreasonable doubt of the crimecharged.

Accordingly, the trial courtordered those found guilty topay each of the heirs of the vic-tims, jointly and severally,P50,000 as civil indemnity,P50,000 each as moral damages,and P150,000 actual damages.On appeal, the appellate courtaffirmed the conviction of bothaccused but modified the penal-ty to reclusion perpetua. Withrespect to the monetary awards,the appellate also affirmed theaward of civil indemnity andmoral damages but deleted theaward for actual damages forlack of evidentiary basis. In itsplace, however, the Court madean award of P15,000 each byway of temperate damages. Inaddition, the Court awardedP50,000 exemplary damagesper victim to be paid solidarilyby them. The decision becamefinal and executory.

As expected, the heirs of thedeceased moved to execute themonetary awards stated in thedecision. The trial ordered theissuance of the writ, resulting inthe levy of real properties regis-tered in the names of Ren andLecia. Subsequently, a notice oflevy and a notice of sale on exe-cution were issued.

Ren and Lecia filed a motionto quash the writ of execution,claiming that the levied proper-ties were conjugal assets, notparaphernal assets of Lecia.

The trial court denied themotion. Finding that Lecia didnot own any paraphernal prop-erty, the court ruled that the

civil indemnities it imposedmay be charged on the partiescommunity properties. Thecourt opined that even if Renand Lecia were married beforethe effectivity of the FamilyCode, their property regimeshould now be governed by theprovisions of the absolute com-munity property regime, and nolonger that of conjugal propertyregime since no vested rightshave been acquired by eachover the properties of the com-munity. Hence, the liabilitiesimposed on Lecia may properlybe charged against their abso-lute community property.

Q: What is the propertyrelations of Ren and Lecia?

A: It is the regime of conju-gal partnership of gains becausethey were married prior to theenactment of the Family Codeand that they did not executeany prenuptial agreement.

Q: Is the court correct in itsruling that the provisions ofthe Family Code should be giv-en retroactive effect?

A: While it is true that thepersonal stakes of each spousein their conjugal assets are in-choate or unclear prior to theliquidation of the conjugal part-nership of gains and, therefore,none of them can be said tohave acquired vested rights inspecific assets, it is evident thatthe Family Code does not in-tend to reach back and automat-ically convert into absolutecommunity of property relationall conjugal partnerships ofgains that existed before 1988excepting only those withprenuptial agreements. In fact,the Family Code itself providesin Article 76 that marriage set-tlements cannot be modifiedexcept prior to marriage. Clear-ly, therefore, the conjugalpartnership of gains that gov-

erned the marriage betweenRen and Lecia who were mar-ried prior to 1988 cannot bemodified except before the cel-ebration of that marriage.

Q: What are the instanceswhen post-marriage modifica-tion of the property regime ofthe spouses can take place?

A: Post-marriage modifica-tion can take place only where:(a) the absolute community orconjugal partnership was dis-solved and liquidated upon adecree of legal separation; (b) thespouses who were legally sepa-rated reconciled and agreed torevive their former propertyregime; (c) judicial separation ofproperty had been had on theground that a spouse abandonsthe other without just cause orfails to comply with his obliga-tions to the family; (d) there wasjudicial separation of propertyunder Article 135; (e) the spousesjointly filed a petition for thevoluntary dissolution of theirabsolute community or conjugalpartnership of gains. None ofthese circumstances exists in thecase of Ren and Lecia.

Q: What is the applicablelaw in deciding whether ornot the conjugal properties ofRen and Lecia may be heldto answer for the civil liabili-ties imposed on Lecia in

the murder case?A: It is Article 122 of the Fam-

ily Code which states that “Thepayment of personal debts con-tracted by the husband or thewife before or during the mar-riage shall not be charged to theconjugal properties partnershipexcept insofar as they redound-ed to the benefit of the family.

Neither shall the fines andpecuniary indemnities imposedupon them be charged to thepartnership.

However, the payment ofpersonal debts contracted by ei-ther spouse before the marriage,that of fines and indemnities im-posed upon them, as well as thesupport of illegitimate childrenof either spouse, may be en-forced against the partnershipassets after the responsibilitiesenumerated in the precedingArticle have been covered, if thespouse who is bound shouldhave no exclusive property or ifit should be insufficient; but atthe time of the liquidation of thepartnership, such spouse shallbe charged for what has beenpaid for the purpose above-mentioned.

Q: Can the civil indemnityimposed on Lecia be chargedon their conjugal assets?

A: No, since Ren does notdispute the court’s finding thatLecia has no exclusive propertyof her own, Art. 122 applies. Thecivil indemnity that thedecision in the murder case im-posed on her may be enforcedagainst their conjugal assets af-ter the responsibilities enumer-ated in Article 121 of the FamilyCode have been covered.

Q: What are the responsi-bilities enumerated in Art. 121of the Family Code?

A: Art. 121. The conjugalpartnership shall be liable for:

(1) The support of the

spouse, their common children,and the legitimate children ofeither spouse; however, thesupport of illegitimate childrenshall be governed by the provi-sions of this Code on Support;

(2) All debts and obligationscontracted during the marriageby the designated administra-tor-spouse for the benefit of theconjugal partnership of gains,or by both spouses or by one ofthem with the consent of theother;

(3) Debts and obligationscontracted by either spousewithout the consent of the otherto the extent that the familymay have benefited;

(4) All taxes, liens, charges,and expenses, including majoror minor repairs upon the con-jugal partnership property;

(5) All taxes and expenses formere preservation made duringthe marriage upon the separateproperty of either spouse;

(6) Expenses to enable eitherspouse to commence or com-plete a professional, vocational,or other activity for self-im-provement;

(7) Antenuptial debts of ei-ther spouse insofar as they haveredounded to the benefit of thefamily;

(8) The value of what is do-nated or promised by bothspouses in favor of their com-mon legitimate children for theexclusive purpose of commenc-ing or completing a professionalor vocational course or otheractivity for self-improvement;and

(9) Expenses of litigation be-tween the spouses unless thesuit is found to be groundless.

If the conjugal partnership isinsufficient to cover the forego-ing liabilities, the spouses shallbe solidarily liable for the un-paid balance with their separate

properties.Q: Must the heirs of the

deceased victim wait for theliquidation of the conjugalpartnership of Ren and Leciabefore it can assert their claimfor civil indemnities arisingfrom Lecia’s conviction?

A: No. Article 121 of the Fam-ily Code allows payment of thecriminal indemnities imposedon his wife, Lecia, out of thepartnership assets even beforethese are liquidated. Indeed, itstates that such indemnities“may be enforced against thepartnership assets after the re-sponsibilities enumerated inthe preceding article have beencovered.” No prior liquidationof those assets is required. Thisis not altogether unfair sinceArticle 122 states that “at thetime of liquidation of the part-nership, such [offending]spouse shall be charged forwhat has been paid for the pur-poses above-mentioned.” It isimportant, however, that thecourt must shall first ascertainthat, in enforcing the writ ofexecution on the conjugal prop-erties of spouses Ren and Leciafor the satisfaction of the in-demnities imposed by finaljudgment on the latter accusedin the criminal cases, the re-sponsibilities enumerated inArticle 121 of the Family Codehave been covered.

Source: Efren Pana vs. Heirsof Juanite, Sr, G.R. No. 164201, De-cember 10, 2012

Ma. Soledad Deriquito-MawisDean, Lyceum of the

Philippines UniversityOutgoing Chairman,

Philippine Association of LawSchools Mawis Law Office

PROPERTY RULESMA. SOLEDAD

DERIQUITO-MAWIS

PIONEERINGCONDO LIFESTYLEIN THE SOUTH

Ateneo Gradu-ate School,” hesaid.

“What we provide is thatmodern convenience from acondominium lifestyle in amore relaxed environment. Youhave that rustic, idyllic ruralsetting and yet, all the modernamenities of city living arethere,” Ng added.

Indeed, how can one ask formore? All projects by CathayLand are masterplanned, de-signed to provide a differentkind of comfort and conve-nience in a suburban setting.Within the condos, there arecommercial spaces that offer aresident’s necessities: a super-market, convenience stores,coffee shop, laundromat, tutori-al services, spa and pet care,among others—which are alljust one elevator ride away.

What’s more, these com-mercial spaces offer potentialbusiness opportunities forbudding entrepreneurs in thearea, whether they live withinCathay Land’s 500-ha SouthForbes Golf City or in nearbyvillages.

For residents, several touristand recreational spots are highlyaccessible, allowing them torelax and unwind while doingtheir favorite outdoor activitieswith family and friends duringweekends.

“We’ve been getting verygood feedback and demand forour condos. It’s a growing mar-ket and with the completion ofthe Cavite Laguna Expressway(Calax), which will provide anew access road to LagunaBlvd., Laguna Technopark, up tothe Sta. Rosa-Tagaytay Road,

Land has a 1,500-hectare ex-panse of a landbank that is saidto hold one of the highest po-tentials over the next decade.

Today, a portion of CathayLand’s landbank has innovativetownship now comprised ofboutique communities withinternational architecturalthemes, an 18-hole golf courseamenity, commercial areas, andthe Acienda Designer Outlet.

“We were there 25 years agoand the area was just a vast tractof raw land. It was even inacces-sible to cars back then. But now,you even have superhighwaystraversing these areas, which areconsidered among the prime lo-cations today,” Ng said.

“I wouldn’t want to be any-where else in the Philippinesexcept within our area in Sta.Rosa and Silang. I can’t think ofanother area which would havebetter potential in the futureespecially with all these ex-pressways that will be finishedbetween now and the next twoyears,” Ng concluded.

FROM B5-1

Cathay Land offers modern convenience from a condominium lifestyle in a more relaxed environment.

it’s going to be more convenientfor people coming from as faraway as Makati and Alabang,even Carmona, Biñan, andCalamba in Laguna to get here,”he said.

First mover advantageIt thus pays that Ng has al-

ways been one to take calculatedrisks. But it comes as no surprise.After all, he is one of the primemovers in the South, a visionarywho had bet big on Sta. Rosa, La-guna and Silang, Cavite whenthese areas were mostly just vasttracts of idle land decades ago.

Within this areas, Cathay

LIFESTYLEContributing EditorsLuis Carlo San Juan & PamPastor

EditorThelma Sioson San Juan

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PHILIPPINE DAILY INQUIRER

DANCING FOR SISTERHOOD, WOMEN EMPOWERMENTBy Nicole Venice ReyDe La Salle UniversityClass of 2019

I f there’s one act that screamsempowerment and confi-dence, it’s dancing. Make itan all-girl group synchro-

nized to the beat and it’s a strik-ing vision of power.

Eight schools battled it out onthe court that served as the dancefloor for the 2nd Hip-hop DanceCompetition during the 50thWomen’s National CollegiateAthletic Association (WNCAA),which opened last Sept. 21 at SMMall of Asia Arena.

“Let’s go, let’s go!” chantedSt. Paul College Pasig’s 16-mem-ber dance crew, called Terpsi-chore Street, afterthe goddess of dance.

With their impressive movesand determined facial expres-sions, they came out on top inthe Juniors Division.

But with every performancecomes a set of struggles. Thegroup had limited time to prac-tice due to numerous suspen-sions of classes and conflictingschedules, said Pau O’Keeffe, aGrade 11 Terpsichore Streetmember. They made sure thesedidn’t affect their performance.

Meanwhile, the Universityof Asia and the Pacific’s (UA&P)Squadra, last year’s first run-ner-up, emerged champion thisseason in the Seniors Division.Dressed in sleek white pantsand blazers, the ladies knewtheir first rule of business wasto win, and so they did.

For Kyra Ma-tela, third year atUA&P, she has

NEW PIZZA PLACE ALERT

Despite hurdles, St. Paul College Pasig, University of Asia and the Pacific top WNCAA’s 2nd Hip-hop Dance Competition

her “family” of young womenwho empower each other withevery dance move to thank for.

Squadra, like any family,went through hardships. Thebiggest challenge was develop-ing chemistry among the newmembers who were competingfor the first time. Then therewas the stress of academics. Thepressure was high for them toclinch the championship.

Eye on the prizeBut their eyes were on the

prize. “It served as a motivationfor us to train and hustle hard-er,” Matela said.

In the Juniors Division, SanBeda Alabang was first runner-up, while Assumption Antipoloplaced second runner-up.

For the Seniors Division,University of Makati placedfirst runner-up, while CentroEscolar University was second

runner-up.St. Scholastica’s College

and Philippine Women’sUniversity also competed inthe Seniors Division.

The five participatingschools in the Seniors Divi-

sion will directly enter the fi-nals of the Southeast Asian(SEA) Games special hip-hop competition on Nov. 12.

The winner will perform at aspecial event organized by the

SEA Games. —CONTRIBUTED INQ

LATEST PIZZA BRANCHIN TAFT AVENUE

Eighteen years and over a hun-dred branches in the Philip-pines later, Yellow Cab PizzaCo. continues to share a slice ofNew York through its assort-ment of pizzas, sandwiches,pasta, chicken and desserts.

Yellow Cab finally opensits newest branch on 2/F RSquare Mall, Taft Avenue cor-

ner Pablo Ocampo Street,Malate, Manila.

Situated near De La SalleUniversity, this branch is per-fect for students, professors,commuters and pizza lovers inthe Taft Avenue area, andpromises to serve the samefresh, hot and fast dishes thatare #SoWorthIt.

University of Asia and the Pacific’s Squadra —SHOUN NICHOLAS DAVID

The college-division winners of the hip-hop competition —NICOLE REY

Assumption College San Lorenzo —SHOUN NICHOLAS DAVID

San Beda Alabang, Juniors Division first runner-up —SHOUN NICHOLAS DAVID

From left, DLSUVolleybelles

Mereophe Sharmaand Leila Cruz, with

classmates LuisPangilinan and KenTiangco —PHOTOS BY

SHOUN NICHOLAS DAVID

Neon lights design inside thepizza place

Acienda Designer Outlet celebrates firstanniversary with Acienda Fest

Acienda Designer Outlet -- the country’s first true inter-national Outlet mall -- is cele-brating its first anniversarythis Saturday, October 26th,with a bevy of activities assoon as the mall opens doorsat 10 am all the way ’til lateevening.

Lucky ticket holders get toenjoy loads of shopping, eat-ing, skating, dancing and rock& rolling all day long.

First off, shoppers justneed to present receipts, sin-gle or accumulated, worth atleast P1500 to the Aciendamall admin office or at the en-trance gate during the eventday proper. All receipts fromSeptember 27 up to October26 can be exchanged for tick-ets. VIP tickets can also be re-deemed for receipts worth atleast P5000.

So, shop for some morefabulous items from brandssuch as Nike, True Religionand Havaianas at great dis-counts at Acienda DesignerOutlet so you can have more

friends and family join thefun!

Over at Acienda DesignerOutlet’s North Parking side,the Let’s Eat Pare group willhost a Food Fest the wholeday. So grab some favoriteslike gourmet burgers, localfare, street food and fabdrinks all day long!

Burn those calories atAcienda Fest’s skate clinic.Beginners and seasoned en-thusiasts will surely enjoypersonal training and safetytips from pro skaters.

The whole day will be fun-filled with close-up magi-cians, LED dancers andmimes bringing a smile to ev-eryone’s faces. So catch thoseamazing moments with these

talented performers with thatperfect selfie.

At 2pm, nine of the coun-try’s top bands take the stageat Acienda Designer Outlet tobring the house down. UDD,Hale, Join the Club, Lenses,Aoui, Maude, Dante&Amigo,Laluna and the 5th stringband all vow to wow Aciendashoppers with the hits!

So, what are you waitingfor? Come join the fun atAcienda Fest this Saturday.Shop ’til you drop at AciendaDesigner Outlet to get freetickets for the whole gang!Join the fun at Km 48,Aguinaldo Highway, Silang,Cavite, or visit www.acien-dadesigneroutlet.com formore details.