EMETERIA LIWAG vs. HAPPY GLEN LOOP HOMEOWNERS ASSOCIATION, INC.

G. R. No. 189755, July 04, 2012

FACTS:

In 1978, F. G. R. Sales, the original developer of Happy Glen Loop, loaned from Ernesto Marcelo,
owner of T. P. Marcelo Realty Corporation. The former failed to settle its debts with the latter, so,
he assigned all his rights to Marcelo over several parcels of land in the Subdivision including the
receivables from the lots already sold. As the successor-in-interest, Marcelo represented to lot
buyers, the National Housing Authority (NHA) and the Human Settlement Regulatory
Commission (HSRC) that a water facility is available in the subdivision. The said water facility
has been the only source of water of the residents for thirty (30) years. In September 1995, Marcelo
sold Lot 11, Block 5 to Hermogenes Liwag. As a result, Transfer Certificate of Title (TCT) No.
C-350099 was issued to the latter. In 2003, Hermogenes died. Petitioner, wife of Hermogenes,
subsequently wrote to the respondent Association demanding the removal of the over headwater
tank over the parcel of land. The latter refused and filed a case before the Housing and Land Use
Regulatory Board against T. P. Marcelo Realty Corporation, petitioner and the surviving heirs of
Hermogenes. The HLURB ruling was in favor of the respondent Association. One of the things it
affirmed was the existence of an easement for water system/facility or open space on Lot 11, Block
5 of TCT No. C-350099 wherein the deep well and overhead tank are situated. However, on appeal
before the HLURB Board of Commissioners, the Board found that Lot 11, Block 5 was not an
open space.

ISSUE:

Whether or not Lot 11, Block 5 of the Happy Glen Loop is considered an open space as defined
in P. D. 1216.

RULING:

Yes, the aforementioned parcel of land is considered an open space.

The Court used the basic statutory construction principle of ejusdem generis to determine whether
the area falls under other similar facilities and amenities since P. D. 1216 makes no specific
mention of areas reserved for water facilities.

Ejusdem generis - states that where a general word or phrase follows an enumeration of particular
and specific words of the same class, the general word or phrase is to be construed to include or to
be restricted to things akin to or resembling, or of the same kind or class as, those specifically
mentioned. Applying that principle, the Court found out that the enumeration refers to areas
reserved for the common welfare of the community. Therefore, the phrase other similar facilities
and amenities should be interpreted in like manner. It is without a doubt that the facility was used
for the benefit of the community. Water is a basic necessity, without which, survival in the
community would be impossible.