Liwag vs.

Happy Glen Loop Homeowners Association

G.R. No. 189755
July 4, 2012

Facts:

In 1978, F. G. R. Sales, the original developer of Happy Glen

Loop, loaned from Marcelo, owner of T. P. Marcelo Realty Corporation.
With the failure to settle debts with Happy Glen Loop, Marcelo was
assigned all the rights 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 that a water facility, which has been the only source of water of the
residents for thirty (30) years, is available in the subdivision.

Lot 11, Block 5 was later sold by Marcelo to Hermogenes Liwag.

After the death of the latter, the wife, Emeteria, took over – demanding
the removal of the over headwater tank over the parcel of land, for the
existence of such lot as a site for the water facility is merely tolerated
as contended by Emeteria. Such parcel of land, not forming part of the
open space, can be subject to commerce and be sold, as to the
contention of Emeteria. Marcelo refused to comply with the demand.

Issue:

Whether an easement for water facility existed on the subject

parcel of land, forming part of the open space.

Ruling:

Yes, such easement exists on the subject parcel of land.

The water facility is an encumbrance on Lot 11, Block 5 for the

benefit of the community, in light of Arts. 613 and 614 of the Civil Code.
Also, by virtue of Art. 615, the lot is continuous and apparent, because
it is used incessantly without human intervention, and because it is
continually kept in view by the overhead water tank, which reveals its
use to the public.

For more than 30 years, the facility was continuously used as the
sole source of water of the resident. Art. 620 provides that continuous
and apparent easements are acquired either by virtue of a title or by
prescription of 10 years. Hence, in this case, an easement of water
facility has already been acquired through prescription.

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