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Sta. Clara Homeowners' Assn, et al. vs Sps Gaston

STA. CLARA HOMEOWNERS' ASSOCIATION thru its Board of Directors composed of ARNEIL CHUA, LUIS SARROSA, JOCELYN GARCIA, MA. MILAGROS VARGAS, LORENZO LACSON, ERNESTO PICCIO, DINDO ILAGAN, DANILO GAMBOA JR. and RIZZA DE LA RAMA; SECURITY GUARD CAPILLO; “JOHN DOE”; and SANTA CLARA ESTATE, INC., petitioners, vs. Spouses VICTOR MA. GASTON and LYDIA GASTON, respondents.

G.R. No. 141961 | 2002-01-23

D E C I S I O N

PANGANIBAN, J.:

A motion to dismiss based on lack of jurisdiction and lack of cause of action hypothetically admits the truth of the allegations in the complaint. It is not dependent on the pleas or the theories set forth in the answer or the motion to dismiss. Membership in a homeowners' association is voluntary and cannot be unilaterally forced by a provision in the association's articles of incorporation or by-laws, which the alleged member did not agree to be bound to.

Statement of the Case

The Petition for Review before us assails the August 31, 1999 Decision[1] and the February 11, 2000 Resolution[2] of the Court...