Beruflich Dokumente
Kultur Dokumente
FACTS:
Remman and Lat are adjoining landowners in Brgy. Bugtong na Pulo, Lipa City.
Lat owns 1.8 hectares of agricultural land, planted mostly with fruit trees. While
Remman occupied 15 hectares of land devoted for his piggery business.
Remman’s land is ½ meters higher in elevation than that of Lat.
July 1984- Lat noticed that Remman’s waste disposal lagoon was overflowing and
flooding ¼ of his land. Lat made several representations with Remman but fell on
deaf ears.
May 15, 1985- Almost 1 hectare of Lat’s plantation was already flooded with water
containing pig manure and as a result, trees growing on the flooded portion started
to wither and die.
Lat then filed a complaint for damages with preliminary mandatory injunction
alleging that the acidity of the soil in his plantation increased beacause of the
overflow of water heavy with pig manure from Remman’s farm.
RTC conducted ocular inspection evaluating evidences of both parties. It found out
that:
o Waste water lagoon is overflowing flooding 1 hectares of Lat’s plantation
o Water was ankle-deep causing the death of
1 jackfruit tree
15 coconut trees
122 coffee trees and
Unspecified number of mango trees, bananas and vegetables
RTC ordered Remman to indemnify Lat P186,975 for lost profits for 3 crop years
and P30,000 attorney’s fee.
CA affirmed in toto.