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Javallena vs.

IAC
 Canals, Dikes

YASON, ISABELLE ALEXIS


ISSUE

Whether or not Florete had the right to terminate the use of the canal

Whether or not the estate of Florente is considered as a servient estate 


RULES / LAW INVOLVED By Una Waitfield

Art. 629 The owner of the servient estate cannot impair, in any manner whatsoever, the use
of the servitude.

Nevertheless, if by reason of the place originally assigned, or of the manner


established for the use of the easement, the same should become very
inconvenient to the owner of the servient estate, or should prevent him from
making any important works, repairs or improvements thereon, it may be changed
at his expense, provided he offers another place or manner equally convenient and
in such a way that no injury is caused thereby to the owner of the dominant estate
or to those who may have a right to the use of the easement.
ANALYSIS

Marsal & Co., Inc. is the present owner of the land adjoining
the Iloilo River up to the adjacent lot where the L. Borres
Elem. School is located. When Florete was still owner, there
existed a main canal from the Iloilo River which passes
through the property and thru a canal that traverses the
school property going towards Lot 2344.

Marsal & Co. closed the dike entrance and later on


demolished the portions of the main dike connecting the
main canal to the canal running thru the school grounds.
This closure caused flooding in the premises of the school
and its vicinity because the canal serves as outlet of rain or
flood water that empties into the river. This prompted the
school and barangay officials to complain to higher
authorities about the closure of the canal. When Florete was
about to bury a pipe in lieu of an open canal, he was
prevented from doing so by the district supervisor,
Javellana, thus he instituted a complaint for recovery of
damages for allegedly denying his access to the use of the
canal to his property.
CONCLUSION

1. An easement of water-right-of-way was constituted on the property of Florete as the


servient estate in favor of the L. Borres Elementary School and the nearby lands as
dominant estates since it has been in continuous use for no less than 15 years by the
school fishpond as well as by the nearby adjacent lands

2. Since it is a positive easement, Florete had no right to terminate the use of the canal
without violating Art. 629 of the CC. when Florete closed the entrance of the canal and
demolished portions of the main dike thus impairing the use of the servitude by the
dominant estates.

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