As worded, the two (2) aforecited provisions impose a natural easement upon the
8 Remman v Lat
G.R. No. 125018 | April 6, 2000 | Easement - Higher and Lower Estate | Binky
Petitioner: REMMAN ENTERPRISES, INC.
Respondents: COURT OF APPEALS and CRISPIN E. LAT
Recit-Ready: Remman and Lat are adjoining lot owners. Lat’s agricultural property
measures 1.8 hectares and contains fruit trees. While Remman’s land is 15 hectares
in which 6 hectares of the total lot is allocated to his piggery business. Take note,
Remman’s property is 1 ⅓ meters higher in elevation than Lat.
PROBLEM: Lat noticed that Remman’s waste disposal lagoon was already
overflowing and inundating ¼ of Lat’s plantation. Late made several representations
with Remman but Remman did not heed the concerns.
After almost 1 hectare of Lat’s plantation was already inundated with water
containing pig manure, as a result of which the trees growing on the flooded portion
started to wither and die. Lat filed a complaint for damages.
The RTC ruled in favor of Lat which was affirmed by the CA and SC.
Doctrine:
Under the Civil Code, it is provided:
ARTICLE 637. Lower estates are obliged to receive the waters which naturally and
without the intervention of man descend from the higher estates, as well as the
stones or earth which they carry with them.
The owner of the lower estate cannot construct works which will impede this
easement; neither can the owner of the higher estate make works which will increase
the burden.
A similar provision is found in the Water Code of the Philippines (P.D. No.1067),
which provides:
ARTICLE 50. Lower estates are obliged to receive the water which naturally and
without the intervention of man flow from the higher estates, as well as the stone or
earth which they carry with them.
The owner of the lower estate cannot construct works which will impede this natural
flow, unless he provides an alternative method of drainage; neither can the owner
of the higher estate make works which will increase this natural flow.
IN THE CASE AT BAR:
lower estate to receive the waters which naturally and without the intervention of
man descend from higher states. However, where the waters which flow from a
higher state are those which are artificially collected in man-made lagoons, any
damage occasioned thereby entitles the owner of the lower or servient estate to
compensation.
FACTS:
1. REMMAN ENTERPRISES, INC. (REMMAN), and CRISPIN E. LAT are
adjoining landowners in Barangay Bugtong Na Pulo, Lipa City. The land
of Lat containing an area of 1.8 hectares is agricultural and planted mostly
with fruit trees while REMMAN occupies a land area of fifteen (15)
hectares six (6) hectares of which are devoted to its piggery business.
REMMAN’s land is one and a half (1½) meters higher in elevation than
that of respondent Lat.
2. Sometime in July 1984 Lat noticed that REMMAN’s waste disposal lagoon
was already overflowing and inundating one-fourth (1/4) of Lat’s
plantation. He made several representations with REMMAN but they fell
on deaf ears. On 14 March 1985, after almost one (1) hectare of Lat’s
plantation was already inundated with water containing pig manure, as a
result of which the trees growing on the flooded portion started to wither
and die, Lat filed a complaint for damages with preliminary mandatory
injunction against REMMAN. Lat alleged that the acidity of the soil in his
plantation increased because of the overflow of the water heavy with pig
manure from REMMAN’s piggery farm.
3. RTC: After conducting an ocular inspection and evaluating the evidence
of both parties the Regional Trial Court found that indeed REMMAN’s
waste disposal lagoon overflowed with the contaminated water flooding
one (1) hectare of Lat’s plantation. The waste water was ankle-deep and
caused death and destruction to one (1) jackfruit tree, fifteen (15) coconut
trees, one hundred twenty-two (122) coffee trees, and an unspecified
number of mango trees, bananas and vegetables. As a consequence, the
trial court ordered REMMAN to indemnify Lat P186,975.00 for lost profits
for three (3) crop years and P30,000.00 as attorney’s fees.
4. CA: The decision of the court a quo was affirmed in toto by the Court of
Appeals.
ISSUES: W/N REMMAN is liable for the damages caused to the property of
Lat? YES
RATIO:

LAWS APPLIED:
Under the Civil Code, it is provided:
ARTICLE 637. Lower estates are obliged to receive the waters which naturally and
without the intervention of man descend from the higher estates, as well as the
stones or earth which they carry with them.

The owner of the lower estate cannot construct works which will impede this
easement; neither can the owner of the higher estate make works which will
increase the burden.

A similar provision is found in the Water Code of the Philippines (P.D. No.1067),
which provides:
ARTICLE 50. Lower estates are obliged to receive the water which naturally and
without the intervention of man flow from the higher estates, as well as the stone
or earth which they carry with them.

The owner of the lower estate cannot construct works which will impede this
natural flow, unless he provides an alternative method of drainage; neither can the
owner of the higher estate make works which will increase this natural flow.

IN THE CASE AT BAR:

As worded, the two (2) aforecited provisions impose a natural easement upon the
lower estate to receive the waters which naturally and without the intervention of
man descend from higher states. However, where the waters which flow from a
higher state are those which are artificially collected in man-made lagoons, any
damage occasioned thereby entitles the owner of the lower or servient estate to
compensation.

On the basis of the foregoing discussion, it is crystal clear that REMMAN is

directly accountable to Lat for the damages sustained by him. The negligence of
REMMAN in maintaining the level of waste water in its lagoons has been
satisfactorily established. The extent of damages suffered by Lat remains
unrebutted; in fact, has been proved.