In the high-density living environments of Philippine urban centers, the Condominium Corporation and its appointed Property Management Office (PMO) serve as the stewards of communal safety, maintenance, and peace. However, when management fails to exercise the "diligence of a good father of a family," resulting in property damage or personal injury, unit owners are not without legal recourse.

I. The Legal Basis of Liability

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

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

This is the foundational law. It establishes that the management body (usually the Condominium Corporation) is responsible for the administration of common areas. Negligence in maintaining these areas—such as faulty wiring, poorly maintained elevators, or slippery hallways—falls under their purview.

2. Quasi-Delict (Article 2176, Civil Code)

Most negligence cases against property management are anchored on Quasi-Delict. Under Article 2176:

"Whoever by act or omission causes damage to another, there being fault or negligence, is obliged to pay for the damage done."

To succeed in a claim for quasi-delict, the unit owner must prove:

Damage suffered by the plaintiff.
Fault or negligence of the management.
The causal connection between the fault/negligence and the damage.

3. Breach of Contract

The Master Deed and the Declaration of Restrictions (as well as the House Rules) constitute a contract between the unit owner and the Corporation. If the management fails to provide the services promised therein (e.g., 24/7 security or structural upkeep), they may be sued for Breach of Contract under Article 1170 of the Civil Code.

II. Determining Negligence: The Standard of Care

The Philippine Supreme Court generally applies the "Diligence of a Good Father of a Family" (bonos paterfamilias) standard. This means the PMO must exercise the care that a reasonably prudent person would take in the same situation.

Common Examples of Management Negligence:

Failure to repair known leaks causing mold or structural decay.
Inadequate security resulting in theft or physical harm.
Improper maintenance of fire safety systems (sprinklers, alarms).
Failure to address hazards in common areas (e.g., unlit stairwells).

III. Procedural Remedies

If you believe the PMO has been negligent, the following steps are typical in the Philippine legal setting:

1. Internal Grievance Mechanism

Before jumping to litigation, check the House Rules. Most condominiums require a formal written complaint to the Board of Directors. Documentation at this stage is crucial.

2. Mediation via the DHSUD

The Department of Human Settlements and Urban Development (DHSUD)—formerly the HLURB—has quasi-judicial jurisdiction over disputes involving condominium corporations and unit owners.

Advantages: Faster and less formal than regular courts.
Process: Filing a verified complaint, followed by mandatory mediation.

3. Civil Suit for Damages

If mediation fails or if the damages are substantial, a civil case can be filed in the Regional Trial Court (RTC) or Metropolitan Trial Court (MeTC), depending on the amount involved. You may pray for:

Actual/Compensatory Damages: For proven financial loss (repairs, medical bills).
Moral Damages: For physical suffering, mental anguish, or anxiety.
Exemplary Damages: Imposed as a correction for the public good, if the management acted with gross negligence.
Attorney’s Fees: To cover the cost of legal representation.

IV. Defenses Used by Property Management

Unit owners should be prepared for common defenses, including:

Contributory Negligence: The management may argue the unit owner was also at fault (e.g., leaving their own door unlocked).
Fortuitous Event (Force Majeure): Arguing that the damage was caused by an unavoidable act of God (e.g., an unprecedented typhoon), though this does not excuse them if their negligence aggravated the damage.
Assumption of Risk: Arguing the owner knew the danger and proceeded anyway.

V. Key Summary Table

Remedy	Forum	Goal
Administrative Complaint	DHSUD	Enforcement of HOA/Condo bylaws or removal of directors.
Civil Suit (Quasi-Delict)	RTC / MeTC	Monetary compensation for injury or property damage.
Injunction	RTC	To stop the management from performing a harmful act.
Criminal Complaint	Prosecutor's Office	In cases of Reckless Imprudence (e.g., physical injuries caused by negligence).

Important Evidence to Gather

Photographs and Videos: Visual proof of the hazard or damage.
Incident Reports: Copies of reports filed with the PMO or security.
Expert Testimony: For example, a structural engineer's report or a doctor's medical certificate.
Receipts: All costs incurred due to the negligence.