In the vertical communities of the Philippines, the Property Management Office (PMO) serves as the heart of daily operations. From maintaining elevators to ensuring perimeter security, their role is fiduciary in nature. However, when mismanagement leads to property damage, personal injury, or a decline in the quality of life, unit owners often find themselves asking: What can we actually do?

Under Philippine law, "negligence" is the omission to do something which a reasonable man, guided by those considerations which ordinarily regulate the conduct of human affairs, would do, or the doing of something which a prudent and reasonable man would not do.

I. The Legal Basis for Liability

The relationship between a unit owner and the property management is governed by a web of laws and contractual obligations.

1. Quasi-Delict (Art. 2176, Civil Code)

Most negligence cases fall under Quasi-Delict. If a PMO’s fault or negligence causes damage to a person or property, and there is no pre-existing contractual relation between the specific parties (in some contexts), they are obliged to pay for the damage done.

2. Breach of Contract (Culpa Contractual)

The PMO is usually hired by the Condominium Corporation. The Management Contract outlines their specific duties. If the PMO fails to perform these duties (e.g., failing to maintain a leaking roof despite notice), they are in breach. As the Condominium Corporation is composed of unit owners, the owners have a collective interest in enforcing these contracts.

3. The Condominium Act (R.A. 4726)

This law, along with the Master Deed and Declaration of Restrictions, sets the standard for how common areas must be maintained. Failure to adhere to these standards constitutes a violation of the corporation's primary mandate.

II. Primary Legal Remedies

1. Civil Action for Damages

This is the most common route for seeking financial restitution. Unit owners can sue for:

Actual/Compensatory Damages: For proven financial loss (e.g., cost of repairs to a flooded unit).
Moral Damages: For physical suffering, mental anguish, or anxiety caused by the negligence.
Exemplary Damages: Imposed by the court as a deterrent if the PMO acted with gross negligence.

2. Specific Performance

If the PMO refuses to fix a recurring issue (like a broken elevator or structural cracks), an owner can file a petition for Specific Performance to compel the PMO or the Condominium Corporation to fulfill their maintenance obligations.

3. Administrative Complaints (DHSUD)

The Department of Human Settlements and Urban Development (DHSUD), formerly the HLURB, has jurisdiction over disputes between condominium owners and the association/management.

Owners can file complaints for "Unsound Real Estate Business Practices."
DHSUD can issue Cease and Desist Orders or impose fines on the management.

4. Criminal Liability (Reckless Imprudence)

In extreme cases where negligence results in physical injury or death (e.g., a collapsed balcony or electrocution due to exposed wiring), the responsible officers of the PMO can be charged with Reckless Imprudence resulting in Physical Injuries or Homicide under the Revised Penal Code.

III. Proving Negligence: The "Three-Step" Test

To succeed in a claim, the unit owner must establish three elements:

Duty: That the PMO had a legal obligation to protect the owner or maintain the property.
Breach: That the PMO failed to perform that duty through action or inaction.
Causation: That the PMO’s failure was the direct or "proximate" cause of the injury or damage.

Example: If a unit is robbed because the PMO failed to fix a known broken gate for six months, the PMO may be held liable for the loss due to their negligence in providing security.

IV. Defensive Tactics: What PMOs Usually Claim

Unit owners should be prepared for common legal defenses:

Force Majeure (Act of God): PMOs often claim that damage (like typhoon flooding) was unavoidable. However, if the damage could have been mitigated by proper drainage maintenance, the "Act of God" defense fails.
Contributory Negligence: The PMO may argue the unit owner was also at fault.
Independent Contractor Status: The PMO might claim they are not liable for the actions of a third-party security agency or cleaning service. (Note: Under Art. 2180 of the Civil Code, employers are often still liable for the negligence of their employees).

V. Procedural Roadmap for Unit Owners

Documentation: Take photos, videos, and gather witness statements immediately.
Formal Demand Letter: Before going to court, a formal letter must be sent to the PMO and the Board of Directors giving them a period to rectify the negligence.
Mediation: Most Condominium Bylaws and the DHSUD require a period of mediation or "Barangay Conciliation" (if applicable) before a full-blown lawsuit can proceed.
Collective Action: In many cases, it is more effective for the Homeowners’ Association (HOA) or a group of owners to sue collectively to share costs and increase legal leverage.