Findings:
- The load center consists of 100 A 2 pst main switch and fusible cut out Blocks with 16 circuits. The fusible cut out block enclosure is not provided with cover, exposing electrical live part that makes it hazardous, unsafe and will be difficult to maintain because a portion was blocked by a shelf.
- The jumper cable from main safety switch to fusible cut-out blocks used 2 #10 wire (Capt. 60 amp) per phase. This is undersized and would overheat.
- The fusible current protective devise where all 30 Amp., sp., 240 v FOR 2 #12 TW (20 AMP. Capacity wire) this does not comply with the provision of the Philippine Electrical Code that stipulates rating of the protective devise shall be the same as the conductor ampacity especially on a multi outlet circuit.
- Power supply for water heaters was tapped to small appliance for convenience outlet circuit.
Recommendation:
- Replacement of fusible load center with panel board and circuit breaker components to correct the problem as enumerated on items 2, 3, 4 of our findings.
- Replace the embedded circular loom with conduit on moulding.
- Check all grounded circuit for water heater lad.
- Provide separate circuit for water heater lad.
- Submit As Built Electrical Plan signed and sealed by a Professional Electrical Engineer together with the previous approved Electrical Plan. (emphasis and underscoring supplied)
Sec. 6. Unless otherwise expressly provided in the enabling or master deed or the declaration of restrictions, the incidents of a condominium grant are as follows:
a.) x x x The following are not part of the unit: bearing walls, columns, floors, roofs, foundations, and other common structural elements of the buildings; lobbies, stairways, hallways and other areas of common use, elevator equipment and shafts, central heating, central refrigeration and central air conditioning equipment, reservoir, tanks, pumps and other central services and facilities, pipes, ducts, flues, chutes, conduits wires and other utility installations, wherever located, except the outlets thereof when located within the unit. (emphasis and underscoring supplied)
- To compel the defendants (Spouses Limson) to undertake the necessary repairs of the defective and hazardous condition of the electrical wiring of their Unit 703 in accordance with the report and recommendation of the Office of the Building Official of Mandaluyong City;
- To seek payment of liquidated damages from the defendants in accordance with the Resolution of the Board of Directors of plaintiff (respondent herein), starting February 15, 1997 until the defendants shall have complied with the aforestated report and recommendation of the building officials; and
- To seek payment of [sic] from the defendants for the damages they have caused to the common area of Wack Wack Apartments due to their insistence to install in their unit an over-sized whirlpool.3
Guided by the findings and recommendation of the building official of Mandaluyong City, it would appear that the questioned electrical installations are to be considered as part of the common area and not of Unit 703, though the same are necessarily found inside the said unit. As contained in Section 6, par. 1 of the Condominium Act: "a) The boundary of the Unit granted are the interior surfaces of the perimeter walls, floors, ceilings, windows and doors thereof. The following are not part of the unit: bearing walls, columns, floors, roofs, foundations, and other common structural elements of the buildings; lobbies, stairways, hallways and other areas of common use, elevator equipment and shafts, central heating, central refrigeration and central air conditioning equipment, reservoir, tanks, pumps and other central services and facilities, pipes, ducts, flues, chutes, conduits wires and other utility installations, wherever located, except the outlets thereof when located within the unit. (underscoring supplied; emphasis in the original)5
Section 5. The Common Areas. - The common elements or areas of the Project (herein referred to as the "Common Areas") shall comprise all parts of the Project other than the Units, including without limitation the following:x x x x
(e) All central and appurtenant equipment and installations for common facilities and utilities such as power, light, sewerage, drainage, garbage chute, and water connections (including all outlets, pipes, ducts, wires, cables and conduits used in connection therewith, whether located in Common Areas or in Units); all elevators, elevator shafts, tanks, pumps, motors, fans, compressors, and control equipment; all common utility spaces and areas;
(f) All other parts of the Project and all apparatus, equipment and installations therein which are for common use or necessary or convenient for the existence, maintenance of safety of the Project. (emphasis and underscoring supplied)
Section 3. Maintenance, Repairs and Alterations. - (a) All maintenance of and repairs of any Unit (other than the maintenance of and repairs to any of the Common Areas contained therein not necessitated by the act or negligence of the owner, tenant or occupant of such Unit) shall be made [by], and at the expense of, the owner of such unit. Each Unit owner shall be responsible for all damages to any other Unit and to the Common Areas resulting from his failure to effect such maintenance and repairs. Each Unit owner shall also be responsible for promptly reporting to the Condominium Corporation any defect or need for repairs in any of the Common Areas in his Unit. (emphasis and underscoring supplied)x x x x
a.) x x x The following are not part of the unit: bearing walls, columns, floors, roofs, foundations, and other common structural elements of the buildings; lobbies, stairways, hallways and other areas of common use, elevator equipment and shafts, central heating, central refrigeration and central air conditioning equipment, reservoir, tanks, pumps and other central services and facilities, pipes, ducts, flues, chutes, conduits wires and other utility installations, wherever located, except the outlets thereof when located within the unit. (emphasis and underscoring supplied)
a.) x x x [T]he electrical system of the Apartments commences with a common main electrical line (main line) provided by the Apartments, connected to a Meralco line outside the building. This common main line runs to the ground floor of the building, where the common meter station is located; from where individual secondary lines, are tapped to the common main line. There are as many individual secondary lines tapped to the common main line, as there are units. EVERY SECONDARY LINE TRAVELS VERTICALLY TO ITS DESIGNATED FLOOR AND LEADS TO AN INDIVIDUAL UNIT.
b.) The construction is such, that every secondary line is embedded within the wall of a unit, until it surfaces from the wall, ready to supply electricity to that unit; the UNIT, in this case, has two (2) metal boxes, inside the UNIT; both attached to the wall of the UNIT. The first of the two (2) metal boxes is the main switch box. (Annex "B" and "B-1" The main switch box has a hole, through which the secondary line enters and is attached to the upper end of two (2) big fuses, located in the main switch box (Annex "B-1-a"). The upper end of the two (2) big fuses, where the secondary line (tapped to the main line) ends are indicated and marked as (Annex "B-1-b" and "B-1-c")
c.) At the lower end of these two (2) big fuses, there are separate electrical wires (technically called "jumper cables"). The jumper cables originate in the UNIT's second metal box which is the fusible cutout box (fuse box), and the jumper cables are connected to the lower end of the two (2) big fuses in the main switch box to draw electricity to feed the fuse box. x x x 8 (capitalization and underscoring in the original)
Endnotes:
* Additional member per Special Order No. 944 dated February 9, 2011 vice Associate Justice Ma. Lourdes P.A. Sereno.
** Additional Member vice Associate Justice Lucas P. Bersamin who took no part due to prior action in a related Court of Appeals case, per Raffle dated June 2, 2010.
1 The Condominium Certificate of Title is registered under the name of "Revelina R. Limson, of legal age, Filipino, married to Benjamin Limson, Filipino."
2 Otherwise known as The Condominium Act.
3 CA rollo, p. 72.
4 Otherwise known as the "Interim Rules of Procedure for Intra-Corporate Controversies".
5 CA rollo, p. 77.
6 Penned by the late Associate Justice Edgardo F. Sundiam, with the concurrence of Associate Justices Pampio A. Abarintos and Ramon M. Bato, Jr., CA rollo, pp. 152-179.
7 Signey v. Social Security System, G.R. No. 173582, January 28, 2008, 542 SCRA 629.
8 CA rollo, Appellant's Brief, pp. 33-34
9 Vide Section 9 and Section 18.
10 Twin Towers Condominium Corporation v. Court of Appeals, G.R. No. 123552, February 27, 2003, 398 SCRA 203.
11 Section 1301 of the National Building Code provides: All electrical systems, equipment and installation mentioned in this Code shall conform to the provisions of the Philippine Electrical Code, as adopted by the Board of Electrical Engineering pursuant to Republic Act No. 184 as amended by Republic Act No. 7920 otherwise known as the "New Electrical Engineering Law."