statcase
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 overhead water 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 ejusdemgeneris to determine whether the area falls under “other similar
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 overhead water 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 ejusdemgeneris to determine whether the area falls under “other similar