Petitioner
Mr.
Respondent
Isabel Leonen
Citation
G.R. No. 138939
Court
Supreme Court
Division
Second Division
Ponente
Garcia, J.
Decided
December 6, 2006

Summary

This property boundary dispute involved a 1,336.5 square meter strip of land between adjoining properties in Sudipen, La Union. Originally separated by a creek, the National Irrigation Administration diverted the creek's course to protect an irrigation canal, creating a new waterway that cut through the respondents' property and leaving a segregated strip. Petitioners claimed ownership of this strip, arguing the current creek was the same boundary creek of their property. Respondents countered that the strip remained part of their original property declared under their predecessor's tax declaration. All three court levels ruled in favor of respondents, finding credible evidence establishing the existence of an original creek boundary and the subsequent diversion that created the disputed segregation. The Supreme Court affirmed the property award but deleted damage awards for lack of proper factual basis in the trial court's reasoning.

Statutes applied

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By the Intellegal Editorial Board · December 6, 2006

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