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DE JESUS ET AL VS HOWMART ET AL 12 CA REP 831

FACTS:
Jesus and Luz Miranda de Jesus are owners of the building located in
Tondo,Manila. They brought an action for damages against Homart
Corporation and Howmill Manufacturing Corporation, owners of the land
adjoining the plaintiff on the same street where a sity storey concrete
building was constructed. !laintiffs allege that the defendants failed to
obser"e the necessary care and precautions to protect the construction of the
plaintiffs by depri"ing it of sufficient lateral or subjacent support,thereby
causing it to sin# in some parts$ its walls, ceilings, and floorings to crac# in
some places$ and by the careless manner of handling the cement used the
roofing%s of the building of the plaintiff were damaged with the accumulated
debris piled thereon.
ISSUE:
&hether or not proper precautions had been ta#en by the defendants in
constructing the building in 'uestion so as to pre"ent causing damage to the
building of the plaintiff.
HELD:
(o. )rticle *+, of the (ew Ci"il Code pro"ides -(o property shall ma#e such
eca"ations upon his land as to depri"e any adjacent land or building
sufficient lateral or subjacent support.. ) reading of )rticle *+, shows that the
duty of an adjacent owner not to depri"e any adjacent land or building of
sufficient lateral or subjacent support is an absolute one. /t does not depend
on the degree of care and precaution made by the proprietor in ma#ing the
eca"ation or building on his land. !laintiffs% house which adjoins the se"en
storey concrete building constructed by the defendants had sun# by about
eight inches. The sin#ing of the left side of the house of the plaintiffs was due
to the wea#ening of subjacent support and to the weight of the se"en storey
concrete building constructed by the defendant, as the eca"ation made
necessarily disturbed the subjacent soil of the plaintiff%s land. 0efendants
ha"ing failed to pro"ide the plaintiff%s land and house with sufficient lateral and
subjacent support are liable for damages.