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113 Spouses Ermino v. Golden Village Homeowners Association, Inc., G.R. No. 180808. August 15, 2018

This case discusses the liability of two parties, E.B. Villarosa and Golden Village Homeowners Association, for damages caused to neighboring properties during heavy rain. While the trial court found both parties liable, the Court of Appeals absolved Golden Village Homeowners of liability. The Supreme Court affirms, finding that Golden Village could not have reasonably foreseen harm from constructing a concrete fence on its property, which was within its rights as a property owner. Lower estates must receive natural waters from higher estates, but Golden Village did not construct works that would have increased the water burden on the lower estates.

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753 views1 page

113 Spouses Ermino v. Golden Village Homeowners Association, Inc., G.R. No. 180808. August 15, 2018

This case discusses the liability of two parties, E.B. Villarosa and Golden Village Homeowners Association, for damages caused to neighboring properties during heavy rain. While the trial court found both parties liable, the Court of Appeals absolved Golden Village Homeowners of liability. The Supreme Court affirms, finding that Golden Village could not have reasonably foreseen harm from constructing a concrete fence on its property, which was within its rights as a property owner. Lower estates must receive natural waters from higher estates, but Golden Village did not construct works that would have increased the water burden on the lower estates.

Uploaded by

mark anthony mansueto
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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18 Spouses Ermino v. Golden Village Homeowners Association, Inc., G.R. No.

180808. August 15, 2018

FACTS: Spouses Abraham and Melchora Ermino (Spouses Ermino) assailed the Decision dated October
9, 2007 of the Court of Appeals (CA) in CA-G.R. CV No. 00044. The CA modified the Decision dated
December 30, 2003 of the Regional Trial Court, Branch 24, Cagayan de Oro City (RTC) finding both E.B.
Villarosa & Partners Co., Ltd. (E.B. Villarosa) and Golden Village Homeowners Association, Inc. (GVHAI)
liable for damages to Spouses Ermino by absolving GVHAI of any liability. Spouses Ermino filed a
complaint for damages against E.B. Villarosa, the developer of Hilltop City Subdivision, and GVHAI while
there was continuous heavy rain which caused a large volume of water to fall from the hilltop
subdivision to the subdivisions below damaging their fence, furniture, appliances and car . The Hilltop
City Subdivision is found at the upper portion of Alco Homes, making it a higher estate, while Golden
Village is located beside Alco Homes, which makes both Alco Homes and Golden Village lower estates
vis-a-vis Hilltop City Subdivision. The RTC found E.B. Villarosa and GVHAI jointly and severally liable for
the damages to Spouses Ermino's properties; dismissing cross claims of defendants and however denied
plaintiff's prayer for moral and exemplary damages. Only GVHAI appealed to the CA. Thus, the trial
court's decision attained its finality as regards E.B. Villarosa. And now this petition.

ISSUE/S: Is GVHAI responsible for the damage to Spouses Ermino's properties?

HELD: The Petition is hereby DENIED. The Decision dated October 9, 2007 of the Court of Appeals in
CA-G.R. CV No. 00044 is hereby AFFIRMED.

NO GVHAI is not responsible. When GVHAI decided to construct the concrete fence, it could
not have reasonably foreseen any harm that could occur to Spouses Ermino. Any prudent
person exercising reasonable care and caution could not have envisaged such an outcome from
the mere exercise of a proprietary act. Indeed, the act of replacing the steel grille gate with a
concrete fence was within the legitimate exercise of GVHAI's proprietary rights over its
property. The law recognizes in the owner the right to enjoy and dispose of a thing, without
other limitations than those established by law. Article 430 of the Civil Code provides that "
every owner may enclose or fence his land or tenements by means of walls, ditches, live or
dead hedges, or by any other means without detriment to servitudes constituted thereon."

ARTICLE 637. Lower estates are obliged to receive the waters which naturally and without the
intervention of man descend from the higher estates, as well as the stones or earth which they
carry with them. The owner of the lower estate cannot construct works which will impede this
easement; neither can the owner of the higher estate make works which will increase the
burden.

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