G.R. No. 189755 - Liwag vs. Happy Glen Loop Homeowners Association, Inc.

Petitioner Emeteria Liwag filed a Rule 45 Petition before the Supreme Court assailing the CA Decision (Mar. 13, 2009) and Resolution (Sept. 18, 2009) in CA-GR SP No. 100454.
Respondent Happy Glen Loop Homeowners Association, Inc. appealed from:

The Decision (Oct. 5, 2004) of HLURB Arbiter Melchor in HLURB Case No. REM-030904-12609, which voided the sale of Lot 11, Block 5 and confirmed an easement for water facilities.
The Decision (June 7, 2005) of the HLURB Board of Commissioners in HLURB Case No. REM-A-041210-0261, which reversed the Arbiter and upheld the sale.
The Decision (Mar. 5, 2007) and Order (July 26, 2007) of the Office of the President (O.P.) in OP Case No. 05-G-224, which set aside the HLURB Board and reinstated the Arbiter’s ruling.
The CA thereafter affirmed with modification the O.P. rulings.

Happy Glen Loop Subdivision in Deparo, Caloocan City had a deep well and overhead water tank as its only source of water since circa 1978, when F.G.R. Sales assigned its rights and receivables to Ernesto Marcelo.
Marcelo represented to buyers and regulatory agencies (NHA, HSRC) that a water facility existed and continuously maintained it for almost 30 years.
In September 1995, Marcelo sold Lot 11, Block 5—site of the water facility—to Hermogenes Liwag, issuing TCT No. C-350099.
After Hermogenes’s death in 2003, Emeteria Liwag demanded removal of the overhead tank; the Association filed before HLURB a complaint for specific performance, confirmation and maintenance of water facilities, annulment of sale, and cancellation of TCT C-350099.

HLURB Board (June 7, 2005) reversed, ruling Lot 11 was not open space, Marcelo complied with P.D. 1216 donations, and use was merely tolerated.
O.P. (Mar. 5, 2007; July 26, 2007) set aside the Board, affirmed the Arbiter, and found Lot 11 part of open space under P.D. 957 and P.D. 1216.
CA (Mar. 13, 2009) affirmed HLURB jurisdiction, the existence of an easement and open‐space status, but deleted criminal referral, attorney’s fees, and damages.
Petitioner’s motion for reconsideration was denied (Sept. 18, 2009); she elevated the case to the Supreme Court.

Whether the HLURB has exclusive jurisdiction over the Association’s complaint alleging unsound real estate business practices and violations of P.D. 957.

Whether an easement for a water facility exists on Lot 11, Block 5 of Happy Glen Loop Subdivision.

Whether Lot 11, Block 5 constitutes part of the required open space under P.D. 1216.

Whether the sale of Lot 11, Block 5 to spouses Liwag is void ab initio, requiring cancellation of TCT No. C-350099, notwithstanding the principle of indefeasibility of title and the prohibition on collateral attacks.