PD 1216; "open space" includes the land where the water system of the subdivision is located. - G. R. No. 189755

G. R. No. 189755

"x x x.

 The term “open space” is defined in P.D. 1216 as “an area reserved exclusively for parks, playgrounds, recreational uses, schools, roads, places of worship, hospitals, health centers, barangaycenters and other similar facilities and amenities.[33]

The decree makes no specific mention of areas reserved for water facilities. Therefore, we resort to statutory construction to determine whether these areas fall under “other similar facilities and amenities.”

The basic statutory construction principle of ejusdem generis states that where a general word or phrase follows an enumeration of particular and specific words of the same class, the general word or phrase is to be construed to include – or to be restricted to – things akin to or resembling, or of the same kind or class as, those specifically mentioned.[34]

Applying this principle to the afore-quoted Section 1 of P.D. 1216, we find that the enumeration refers to areas reserved for the common welfare of the community. Thus, the phrase “other similar facilities and amenities” should be interpreted in like manner.

Here, the water facility was undoubtedly established for the benefit of the community. Water is a basic need in human settlements,[35] without which the community would not survive. We therefore rule that, based on the principle of ejusdem generis and taking into consideration the intention of the law to create and maintain a healthy environment in human settlements,[36] the location of the water facility in the Subdivision must form part of the area reserved for open space.

 x x x."