Case Summary (G.R. No. 189755)
Establishment of Water Facility Easement
Lot 11, Block 5 was burdened by an easement for the community’s sole water source—an underground well and overhead tank. Continuous use for nearly 30 years, official representations by Marcelo to regulatory bodies, and the visible water tank establish a continuous and apparent easement. Under Civil Code Articles 615 and 620, such an easement vests by prescription.
Classification of Lot as Open Space
P.D. 1216 defines open spaces reserved for community amenities and, by ejusdem generis, includes water facilities. The Subdivision remained short of mandatory open-space allocation; the site of the water installation constituted a dedicated open space. Such areas are beyond private commerce and immune from alienation.
Prohibition of Sale and Title Implications
Because open-space parcels are inalienable, the sale of Lot 11, Block 5 was void ab initio. The action did not amount to a collateral attack on the Torrens title but challenged the invalid transfer. Indefeasibility of title does not protect
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Procedural History
- Petitioner Emeteria Liwag filed a Rule 45 Petition assailing the Court of Appeals Decision and Resolution in CA-G.R. SP No. 100454.
- The CA affirmed with modification the Office of the President’s Decision and Order in OP Case No. 05-G-224.
- The OP had set aside the HLURB Board of Commissioners’ Decision in HLURB Case No. REM-A-041210-0261 and affirmed the HLURB Arbiter’s Decision in HLURB Case No. REM-030904-12609.
- HLURB Arbiter Melchor (October 5, 2004) confirmed an easement for the water facility, made a TRO permanent, voided the deed of sale to Hermogenes Liwag, cancelled TCT No. C-350099, and awarded attorney’s fees and damages.
- HLURB Board (June 7, 2005) held Lot 11, Block 5 was not open space, found the water-lot use tolerated, and upheld Marcelo’s compliance with P.D. 1216 open-space donation.
- The OP (March 5, 2007) reinstated the Arbiter: Lot 11 was open space, water facility served the community, and petitioner Liwag had acknowledged the installation since 1982.
- CA (March 13, 2009) confirmed HLURB’s jurisdiction and the easement, but deleted the criminal‐action recommendation and the damages award.
- Petitioner elevated the case to the Supreme Court, which issued the present decision on July 4, 2012.
Facts of the Case
- Happy Glen Loop Subdivision in Deparo, Caloocan City, depended on a water facility established circa 1978 by developer F.G.R. Sales.
- F.G.R. Sales defaulted on a loan from Ernesto Marcelo and assigned all subdivision rights, land parcels, and receivables to Marcelo.
- Marcelo represented to NHA, HSRC, and lot buyers that a water facility was available; residents used it as their sole water source for nearly three decades.
- In September 1995 Marcelo sold Lot 11, Block 5 (site of the deep well and overhead tank) to Hermogenes Liwag;