Beruflich Dokumente
Kultur Dokumente
ROXAS , plaintiffs,
vs.THE CITY OF MANILA and ROBERT G. DIECK, as city
engineer, defendants.
G.R. No. L-3144, 19 November 1907
FACTS:
The parties in the instant case are CARMEN AYALA DE ROXAS, joined by her
husband, PEDRO PABLO ROXAS, who was actually her cousin, as plaintiffs,
and the CITY OF MANILA and its then City Engineer, ROBERT G. DIECK.
ISSUE:
Whether or not the applicable provision of the Law of Waters and the Civil
Code cited by the defendants prevents the plaintiff the exclusive use of the
subject portion of her own land.
2
RULINGS:
Thus, on May 5, 1906, the Court rendered its judgment, that in all
easement of zones for public use, the owner of the property supports the
easement shall be indemnified for loss and damage.
It is, therefore, erroneous to pretend that the right of the owner of the
property bordering upon the stream can be reduced to the level of the
public right. On the contrary he should only be called upon to bear those
burdens which are in the general interest, but not without prior, or
subsequently indemnity.
FYI