Ester Javellana v. Hon. Intermediate Appellate Court

Summary

This civil law case involved a water rights and easement dispute over pre-existing canals connecting the Iloilo River to L. Borres Elementary School premises. School officials sued to prevent Marsal & Co., Inc. and Marcelino Florete, Sr. from blocking access to canals that had existed since before Florete's 1959 land acquisition. The canals served dual purposes: supplying salt water to the school fishpond and draining rainwater to prevent flooding. When Florete closed the canal entrance in 1978, it caused flooding of school premises. The Regional Trial Court ruled in favor of the school officials, finding an easement of water-right-of-way existed with the school as dominant estate. The Intermediate Appellate Court erroneously reversed this decision, but the Supreme Court reinstated the original judgment, emphasizing that the closure violated Civil Code provisions on easements and Presidential Decree 296 regarding water flow obstruction.