EMETERIA LIWAG, Petitioner vs.

HAPPY GLEN LOOP HOMEOWNERS

ASSOCIATION, INC., Respondent
G. R. No. 189755July 04, 2012Sereno, J.

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-350099wherein 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.