Scribd Logo
Upload

Welcome to Scribd!

  • 128 views

    Lunod v. Meneses

    Uploaded by

    Ge Ann Michelle Bauzon
    1) Nicolas Lunod and seven other farmers filed a complaint against Higino Meneses alleging that Meneses prevented water from flowing from his land into their rice fields, flooding and damaging their crops. 2) The court found in favor of the farmers, except for monetary damages. Meneses appealed the ruling. 3) The judge upheld the initial ruling, finding that according to civil law, Meneses did not have the right to construct dams or barriers blocking the natural flow of water from higher to lower lands, which caused flooding on the plaintiffs' properties.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    Lunod v. Meneses

    Uploaded by

    Ge Ann Michelle Bauzon
    128 views2 pages
    1) Nicolas Lunod and seven other farmers filed a complaint against Higino Meneses alleging that Meneses prevented water from flowing from his land into their rice fields, flooding and damaging their crops. 2) The court found in favor of the farmers, except for monetary damages. Meneses appealed the ruling. 3) The judge upheld the initial ruling, finding that according to civil law, Meneses did not have the right to construct dams or barriers blocking the natural flow of water from higher to lower lands, which caused flooding on the plaintiffs' properties.

    Original Description:

    Digest

    Original Title

    14. Lunod v. Meneses

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    1) Nicolas Lunod and seven other farmers filed a complaint against Higino Meneses alleging that Meneses prevented water from flowing from his land into their rice fields, flooding and damaging their crops. 2) The court found in favor of the farmers, except for monetary damages. Meneses appealed the ruling. 3) The judge upheld the initial ruling, finding that according to civil law, Meneses did not have the right to construct dams or barriers blocking the natural flow of water from higher to lower lands, which caused flooding on the plaintiffs' properties.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    128 views2 pages

    Lunod v. Meneses

    Uploaded by

    Ge Ann Michelle Bauzon
    1) Nicolas Lunod and seven other farmers filed a complaint against Higino Meneses alleging that Meneses prevented water from flowing from his land into their rice fields, flooding and damaging their crops. 2) The court found in favor of the farmers, except for monetary damages. Meneses appealed the ruling. 3) The judge upheld the initial ruling, finding that according to civil law, Meneses did not have the right to construct dams or barriers blocking the natural flow of water from higher to lower lands, which caused flooding on the plaintiffs' properties.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    G.R. No.

    4223

    August 19, 1908

    NICOLAS LUNOD, ET AL., plaintiffs-appellees,


    vs.
    HIGINO MENESES, Meneses-appellant.
    T. Icasiano, for appellant.
    R. Salinas, for appellee.
    TORRES, J.:
    Facts:
    On March 14, 1904, Nicolas Lunod, Juan de la Vega, Evaristo Rodriguez, Fernando
    Marcelo, Esteban Villena, Benito Litao, Ventura Hernandez, and Casimiro Pantanilla, residents
    of Bulacan, Bulacan, filed a complaint against Higino Meneses, alleging that they each owned
    and possessed farm lands, situated in Maytunas and Balot, near the small lake Calalaran.
    Meneses is the owner of a fish-pond and a strip of land in Paraanan, adjoining the said lake and
    the Taliptip River. A statutory easement was in favor of the rice fields of the plaintiffs until the
    year 1901. However, Meneses, without any right or reason, converted the land in Paraanan into a
    fishpond, and by means of a dam and a bamboo net, prevented the passage of the water into the
    Taliptip River. As a consequence of there being no other outlet, the lands of the plaintiffs became
    flooded and damaged by the stagnant waters, and their rice plantations were destroyed.
    On March 13, 1907, the court entered judgment declaring that the plaintiffs were entitled
    to a decision in their favor, except as to their request that Meneses be sentenced to pay an
    indemnity.
    Issue:
    Whether or not Meneses had the right to construct the works through his lands
    Ruling:
    According to Article 530 of the Civil Code, an easement is charge imposed upon one
    estate for the benefit of another estate belonging to a different owner, and the realty in favor of
    which the easement is established is called the dominant estate, and the one charged with it the
    servient estate.
    Article 552 of the Civil code provides:

    Lower estates must receive the waters which naturally and without the
    intervention of man descend from the higher estates, as well as the stone or earth
    which they carry with them.
    Neither may the owner of the lower estates construct works preventing this
    easement, nor the one of the higher estate works increasing the burden.
    Article 563 of the said code reads also:
    The establishment, extent, form, and conditions of the easements of waters to
    which this section refers shall be governed by the special law relating thereto in
    everything not provided for in this code.
    The special law cited in the Law of Waters of August 3, 1866, Article 111 of which,
    treating of natural easements relating to waters, provides:
    Lands situated at a lower level are subject to receive the waters that flow
    naturally, without the work of man, from the higher lands together with the stone
    or earth which they carry with them.
    According to the provisions of law above referred to, Meneses had no right to construct
    the works which block the passage, through his lands, of the waters which flood the higher lands
    of the plaintiffs.

    You might also like

    pFad - Phonifier reborn

    Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

    Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


    Alternative Proxies:

    Alternative Proxy

    pFad Proxy

    pFad v3 Proxy

    pFad v4 Proxy