Title
Spouses Ermino vs. Golden Village Homeowners Association, Inc.
Case
G.R. No. 180808
Decision Date
Aug 15, 2018
Spouses Ermino sued E.B. Villarosa and GVHAI for flood damage. Court ruled GVHAI not liable; E.B. Villarosa negligent for inadequate flood control.

Case Digest (G.R. No. 180808)
Expanded Legal Reasoning Model

Facts:

  • Parties and Properties
    • Petitioners Spouses Abraham and Melchora Ermino are homeowners in Alco Homes subdivision, Barangay Carmen, Cagayan de Oro City.
    • Respondent Golden Village Homeowners Association, Inc. (GVHAI) manages Golden Village subdivision, adjacent to Alco Homes; E.B. Villarosa & Partners Co., Ltd. (E.B. Villarosa) developed Hilltop City Subdivision, an upper‐level estate above both Alco Homes and Golden Village.
  • Events Leading to Litigation
    • Continuous heavy rains occurred prior to August 12 and September 10, 1995, causing a large volume of water and debris to flow from Hilltop City Subdivision downhill.
    • The inundation damaged the Erminos’ fence, house, furniture, appliances, and car.
  • Procedural History
    • Spouses Ermino filed a complaint for damages against E.B. Villarosa and GVHAI, seeking P500,000 actual, P400,000 moral, and P100,000 exemplary damages, plus attorney’s fees and costs.
    • The Regional Trial Court (RTC), Branch 24, Cagayan de Oro City, held both defendants jointly and severally liable, awarded damages and litigation costs, and ordered GVHAI to modify its concrete fence gate.
    • GVHAI alone appealed to the Court of Appeals (CA), which absolved GVHAI of liability and modified the RTC decision.
    • Spouses Ermino filed a Petition for Review on Certiorari under Rule 45 with the Supreme Court, assailing the CA’s absolution of GVHAI.

Issues:

  • Main Issue
    • Whether the Court of Appeals erred in absolving GVHAI of liability for the damages suffered by Spouses Ermino.
  • Subsidiary Considerations
    • Whether GVHAI’s construction of a concrete fence constituted negligence or wrongful conduct under Articles 20, 21, 430, and 637 of the Civil Code and Article 50 of the Water Code.
    • Whether the natural easement of water imposed on lower estates was violated or made more onerous by GVHAI’s acts.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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