ONGSIAKO VS ONGSIAKO L-7510

FACTS:
There are 3 causes of action filed in this case. One of which is the obstruction
of the dikes constructed by the defendants in 1937. Such dikes obstructed the
natural flow of excess water from the plaintiffs hiher tenement. !t was
alleed that from time immemorial before the partition of the "acienda
#speran$a% the water comin from the portion of the estate assined to
plaintiffs had been flowin reularly and without artificial obstruction towards
the other areas of that same hacienda subse&uently assined to the
defendants% as a result of the partition in 19'9.The ()! ranted the *otion to
+ismiss filed by the defendant on the round of prescription.
ISSUE:
*ay the dikes be demolished,
RULING:
The S( affirmed the Order appealed from. (onsiderin that the action was
filed in 19-1% the leal easement souht to be enforced had been
extinuished by non.user and the action is therefore barred by prescription.