G.R. No. 193659 - Spouses Vergara vs. Sonkin

Petitioners: Spouses Fernando Vergara and Herminia Vergara (Sps. Vergara), owners of a property in Poblacion, Norzagaray, Bulacan.
Respondents: Spouses Ronald Mark Sonkin and Erlinda Torrecampo Sonkin (Sps. Sonkin), owners of the adjoining lower-elevation property.

Sps. Sonkin purchased their property in 1999, raised the partition wall, and constructed their house attached to the partition wall, making a part of their bedroom and bathroom walls.
In 2001, Sps. Vergara levelled their property further by filling it with gravel, earth, and soil, which increased its elevation further by a third of a meter over the Sonkin Property.
Sps. Sonkin complained that water from the Vergara Property leaked into their house through the partition wall causing cracks, damage to paint, and wooden parquet floor.
Sps. Sonkin demanded that Sps. Vergara build a retaining wall to contain the landfill, which was ignored.
Consequently, Sps. Sonkin filed a complaint for damages and injunction with request for preliminary mandatory injunction and temporary restraining order, also involving other possessors of the Vergara Property.

Sps. Vergara denied liability, attributing the damage to Sps. Sonkin’s act of raising the partition wall, and insisted that their landfill did not breach the partition wall due to a one-meter distance left. They asserted their proprietary rights over their property.
Sps. Sonkin presented Engineer Ma. Victoria Mendoza as expert witness, stating that due to the sloping terrain and higher elevation of Vergara Property, Sps. Vergara were duty-bound under Section 1202 of the National Building Code to provide a retaining wall and adequate safety measures to prevent damage. They also failed to provide a sewerage/drainage line as required by Section 901 of the same Code.
The RTC-commissioned Provincial Engineer Romeo S. Castro confirmed that the filling materials on the Vergara Property affected the Sonkin’s house.

The Regional Trial Court (RTC) found Sps. Vergara liable for damages and ordered:

Removal of the landfill adjacent to the Sonkin Property and construction of a retaining wall per the National Building Code standards;
Installation of an adequate drainage system;
Payment of actual damages of P300,000, moral damages of P50,000, exemplary damages of P50,000, attorney’s fees of P100,000, plus costs of suit.

Ordered Sps. Vergara only to install an adequate drainage system and pay P50,000 moral damages and P100,000 attorney’s fees;
Set aside the order to remove landfill and build retaining wall;
Deleted actual damages and exemplary damages for lack of evidence and contributory negligence of Sps. Sonkin;
Dismissed Sps. Sonkin’s partial appeal for lack of merit.

The CA found that Sps. Sonkin were contributorily negligent for building their house directly abutting the partition wall and violating the two-meter setback rule under Section 708 of the National Building Code.
The CA emphasized that if Sps. Sonkin had complied with the setback, their property would not have suffered damage.
The CA considered removal of landfill and retaining wall unreasonable and an undue interference on Sps. Vergara’s proprietary rights.

Sps. Vergara filed a motion for reconsideration which the CA denied.
Only respondent Erlinda Torrecampo Sonkin remained as respondent in the petition before the Supreme Court.

Whether the Court of Appeals erred in upholding the award of moral damages and attorney’s fees in favor of the Sonkins.
Whether the Court of Appeals should have ordered the demolition of the portion of Sps. Sonkin’s house that abuts the partition wall for violating the two-meter setback rule under the National Building Code.