Petitioner
Miguel Samson
Respondent
Paulino Dionisio
Citation
G.R. No. 4543
Court
Supreme Court En Banc
Division
En Banc
Ponente
Torres, J.
Decided
October 29, 1908

Summary

This 1908 Supreme Court case involved a property dispute over Magos Creek between fish pond owner Miguel Samson and adjacent landowners Paulino Dionisio and Honorata Fabian. Defendants constructed a dam closing the creek's connection to Bocaue River, causing flooding and fish escape from plaintiff's pond. The central legal issue was whether the creek constituted public or private property. Applying Civil Code provisions on public property, the Supreme Court En Banc affirmed that natural waterways like Magos Creek are public domain for common use. The Court held defendants liable under Article 1902 for tort damages, ordering removal of the unauthorized dam and payment of P100 indemnity. This case established important precedent regarding public ownership of natural waterways and liability for unauthorized obstruction of public waters in Philippine jurisprudence.

Statutes applied

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By the Intellegal Editorial Board · October 29, 1908

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