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    Javellana v. IAC

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    Princess Antes
    This case involves a dispute over an easement for a canal that runs through the property of Marsal & Co. and Marcelino Florete, Sr. and provides water and drainage to the adjacent L. Borres Elementary School and other lands. Florete closed and demolished parts of the canal. The petitioners allege this impaired the long-established easement, while the respondents argue the canal had become unsanitary due to waste. The court ultimately found a positive easement had been established over 15 years of use and ruled the respondents could not terminate use of the canal without violating the civil code.

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    Javellana v. IAC

    Uploaded by

    Princess Antes
    47 views11 pages
    This case involves a dispute over an easement for a canal that runs through the property of Marsal & Co. and Marcelino Florete, Sr. and provides water and drainage to the adjacent L. Borres Elementary School and other lands. Florete closed and demolished parts of the canal. The petitioners allege this impaired the long-established easement, while the respondents argue the canal had become unsanitary due to waste. The court ultimately found a positive easement had been established over 15 years of use and ruled the respondents could not terminate use of the canal without violating the civil code.

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    This case involves a dispute over an easement for a canal that runs through the property of Marsal & Co. and Marcelino Florete, Sr. and provides water and drainage to the adjacent L. Borres Elementary School and other lands. Florete closed and demolished parts of the canal. The petitioners allege this impaired the long-established easement, while the respondents argue the canal had become unsanitary due to waste. The court ultimately found a positive easement had been established over 15 years of use and ruled the respondents could not terminate use of the canal without violating the civil code.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    47 views11 pages

    Javellana v. IAC

    Uploaded by

    Princess Antes
    This case involves a dispute over an easement for a canal that runs through the property of Marsal & Co. and Marcelino Florete, Sr. and provides water and drainage to the adjacent L. Borres Elementary School and other lands. Florete closed and demolished parts of the canal. The petitioners allege this impaired the long-established easement, while the respondents argue the canal had become unsanitary due to waste. The court ultimately found a positive easement had been established over 15 years of use and ruled the respondents could not terminate use of the canal without violating the civil code.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    of 11

    Ester Javellana, et. al. v.

    IAC, Marsal & Co., and Marcelino Florete, Sr.


    GR NO. 72837 17 April 1989 ANTES, Anne Jhae Princess R.

    Ilo – Ilo River


    ISSUE
    Whether or not an easement or servitude of water right of way has been
    instituted in the property of the respondents as the servient estate in favor of the
    L. Borres Elementary School and the nearby lands as the dominant estate.
    LAWS

    Easements are also positive or negative.


     
    Art. 616, A positive easement is one which imposes upon the
    Civil owner of the servient estate the obligation of allowing
    Code something to be done or of doing it himself, and a
    negative easement, that which prohibits the owner of
    the servient estate from doing something which he
    could lawfully do if the easement did not exist. 
    LAWS
    Obligation of Servient Estate Owner
    The owner of the servient estate cannot impair, in any
    manner whatsoever, the use of the servitude. 
     
    Art. 629, Nevertheless, if by reason of the place originally assigned, or
    Civil of the manner established for the use of the easement, the same
    Code should become very inconvenient to the owner of the servient
    estate, or should prevent him from making any important
    works, repairs or improvements thereon, it may be changed at
    his expense, provided he offers another place or manner
    equally convenient and in such a way that no injury is caused
    thereby to the owner of the dominant estate or to those who
    may have a right to the use of the easement.
    LAWS

    Enjoins any person, natural or juridical, to demolish


    PD 296 structures or improvements which tend to obstruct flow of
    water through rivers, creeks, esteros and drainage channels.
    SCRIPTION OF PROPERTY (CANAL)
    • It is a passage of salt water from Iloilo River to the school fishpond.

    • It also serves as an outlet and drainage canal or channel of rainwater from the school
    premises and adjacent lands that empty into the Iloilo River.

    • Measurement (WIDTH):
    - for the first 100 m = 3m wide
    - next 200 m = 2m wide
    03
    02
    • Measurement (DEPTH)
    During High Tide or Rainy Season
    - Main Canal = ½ m 04
    - Canal that traverses the Elementary School = 2m
    Ordinary Days
    - No water
    LIVELIHOOD OF THE PARTIES
    PETITIONERS
    Ester Javellana School District Supervisor
    Rolando Demafiles Practical Arts Teacher
    Cesar Cruzada Head Teacher
    Antonio Sison Barangay Captain Since
    1954

    RESPONDENTS
    Marsal & Co. and Engaged in the business
    Marcelino Florete, Sr. of salt production
    Analysis of
    Facts
    Marsal & Co., Inc., and Marcelino Florete, Sr. are
    the present owners of the land adjoining the Iloilo
    River up to the adjacent lot where the L. Borres
    Elem. School is located

    Private Respondents closed the dike entrance


    and later on demolished the portions of the main
    dike connecting the main canal to the canal running
    thru the school grounds.
    Analysis of
    Facts
    The closure caused flooding in the premises of the
    school and its vicinity because the canal serves as
    outlet of rain or flood water that empties into the
    river.

    Florete was prevented from burying a pipe in


    the canal by the school district supervisor, Javellana.
    He instituted a complaint for recovery of damages
    for allegedly denying his access to the use of the
    canal to his property.
    Analysis of Arguments
    Ester Javellana, et. al. Marsal & Co., and Florete, Sr.

    What motivated respondents to They closed the canal because the


    close the canal was the fact that the residents threw waste matter and
    residents engaged in salt-making garbage into the canal and so the
    using plastic bags, thus competing waters were dirtied and rendered
    with private respondents in the totally unsanitary for human use,
    production of salt in the area. particularly for salt-making.
    Conclusion
    YES. A positive easement or servitude of water right of way had been constituted on the
    subject property as the servient estate in favor of the L. Borres Elementary School and the
    nearby lands as dominate estates since it has been in continuous use for no less than fifteen
    (15) years by the school fishpond as well as those lands adjacent to it.

    As a positive easement, the private respondents had no right to terminate the use of the
    canal without violating Art. 629 of the Civil Code.

    When Florete closed the entrance of the canal and demolished portions of the main dike, it
    impaired the use of the servitude by the dominant estates. The canal did not serve merely to
    supply salt water to the school fishpond but also serves as drainage canal or channel of
    rainwater from adjacent lands to the Iloilo River.

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