EMETERIA LIWAG, PETITIONER, VS.

HAPPY GLEN LOOP HOMEOWNERS

ASSOCIATION, INC.,
G.R. No. 189755 July 04, 2012

FACTS:

Happy Glen Loop Homeowners Association filed an action for specific performance;
confirmation, maintenance and donation of water facilities; annulment of sale; and cancellation of
Transfer Certificate of Title No. 350099 against T.P. Marcelo Realty Corporation (the owner and
developer of Happy Glen Loop Subdivision), Emeteria Liwag, and the other surviving heirs of
Hermogenes Liwag (petitioner’s late husband and former president of the Association).
Respondent alleges that Marcelo’s sale of a lot to Hermogenes was void because the same
lot where the deep well (the only source of water of the residents of the Subdivision for almost 30
years) is located was fraudulently transferred in favor of spouses Hermogenes and Emeteria Liwag
to the great damage and prejudice of complainants. Emeteria Liwag maintains, for her part, the
validity of the said sale and that the existence of the water tank was merely tolerated.

ISSUE:

Whether or not there is an existing easement of water facility on the subject parcel of land.

RULING:

YES. The Supreme Court speaking through Justice Sereno ruled that the water facility is
an encumbrance on Lot 11, Block 5 of the Subdivision for the benefit of the community. It 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. The
Court held that the easement of water facility has been voluntarily established either by Marcelo,
the Subdivision owner and developer; or by F.G.R. Sales, his predecessor-in-interest and the
original developer of the Subdivision. For more than 30 years, the facility was continuously used
as the residents’ sole source of water. The Civil Code provides that continuous and apparent
easements are acquired either by virtue of a title or by prescription of 10 years. It is therefore clear
that an easement of water facility has already been acquired through prescription.