Title
Bautista vs. Alarcon
Case
G.R. No. 8153
Decision Date
Dec 24, 1912
A dispute over the ownership and use of a canal connected to a river in the Philippines leads to a court ruling in favor of the plaintiff, ordering the defendants to cease their occupation, remove their retaining walls, and pay damages.
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Case Digest (G.R. No. 8153)

Facts:

  • In Bautista v. Alarcon, G.R. No. 8153, decided on December 24, 1912, by the First Division of the Philippine Supreme Court, the plaintiff-appellee, Toribio Bautista, filed a complaint against the defendants-appellants, Toribio Alarcon and Teodora Raymundo, who substituted Julian Santos.
  • The dispute involved the ownership and use of a canal connected to the Obando River in the barrio of Pangjolo, sitio Talinducan, Obando, Bulacan.
  • Bautista claimed ownership of a fishpond supplied with water from the Talinducan River and the disputed canal, which had existed for over fifty years.
  • He alleged that in October 1907, the defendants unlawfully occupied the canal and constructed retaining walls that narrowed it from 6 meters to 25 centimeters, obstructing the water flow to his fishpond and causing significant damage.
  • Bautista sought a preliminary injunction and damages amounting to P3,000.
  • The trial court issued a preliminary injunction on February 25, 1909, and eventually ruled in favor of Bautista on June 21, 1911, ordering the defendants to cease occupying the canal, remove their retaining walls, and pay P100 in damages plus costs.
  • The defendants appealed, denying Bautista's claims and counterclaiming for P3,000 in damages for alleged false charges filed by Bautista in lower courts.

Issue:

  • (Unlock)

Ruling:

  1. The canal is public property.
  2. The defendants had no right to occupy the canal or construct retaining walls that obstructed the water flow.
  3. The plaintiff is entitled to ...(Unlock)

Ratio:

  • The Supreme Court affirmed the trial court's decision, holding that the canal is part of the public domain as it is a branch of the Obando River.
  • According to Articles 339 and 407 of the Civil Code and the Law of Waters of August 3, 1866, properties such as rivers, canals, and their natural beds are public and cannot be privately appropriated.
  • The defendants failed to prove legitimate ownership of the land through which the canal flows.
  • By narrowing the canal, ...continue reading

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