- Petitioner
- Spouses Abraham
- Respondent
- Golden Village Homeowners Association
- Citation
- G.R. No. 180808
- Court
- Supreme Court
- Division
- Second Division
- Ponente
- Caguioa, J.
- Decided
- August 15, 2018
Summary
Spouses Ermino sued E.B. Villarosa (developer) and Golden Village Homeowners Association for property damage caused by water flow from higher Hilltop City Subdivision to their lower estate home during heavy rains in 1995. The RTC held both defendants jointly liable, finding that E.B. Villarosa's bulldozing made soil soft and GVHAI's concrete fence diverted water flow. The CA and Supreme Court absolved GVHAI of liability, finding its fence construction was a legitimate exercise of proprietary rights without negligence. The Supreme Court applied Civil Code water easement principles, holding that lower estates must receive naturally flowing water but E.B. Villarosa's construction activities made the water flow artificial rather than natural. Only E.B. Villarosa remained liable as the proximate cause. The decision clarifies property owners' rights regarding boundary fences and water easement obligations between higher and lower estates.