Sps. Fernando Vergara v · G.R. 193659

Petitioner: Sps. Fernando Vergara
Respondent: Erlinda Torrecampo Sonkin
Citation: G.R. No. 193659
Court: Supreme Court
Division: First Division
Ponente: Perlas-Bernabe, J.
Decided: June 15, 2015

Summary

This case involves adjoining landowners disputing water damage caused by land elevation differences. Sps. Vergara filled their higher property with soil, causing water to seep into the lower Sonkin property and damage their house. The RTC held Sps. Vergara liable for damages and ordered remedial measures. The CA found contributory negligence by Sps. Sonkin for violating building code setback requirements and modified the damages. The Supreme Court further modified the decision, deleting moral damages and attorney's fees due to contributory negligence, while ordering Sps. Sonkin to comply with the 2-meter setback rule. The case demonstrates the application of civil law principles on property easements, contributory negligence, and the balancing of property rights with building code compliance.

Statutes applied

Civil Code, Art. 637

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By the Intellegal Editorial Board · June 15, 2015

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