Case #9

The owner of the servient estate cannot impair, in any manner whatsoever,
the use of the servitude.

ESTER JAVELLANA vs. IAC

G.R. No. 72837. April 17, 1989
PARAS, J.
FACTS:
1. Marsal & Co., Inc. and Marcelino Florete, Sr. filed a complaint for recovery
of damages against petitioners Jose C. Hernani, Ester J. Javellana, Rolando
Demafiles, Cesar Crusada and Antonio Sison for allegedly denying
respondents access to, and use of a canal leading to plaintiffs' property
situated at Barangay Navais, Mandurriao, Iloilo City.
2. In 1959, there existed a main canal from the Iloilo River cutting across said
property towards the lot where L. Borres Elementary School is located and
thru a canal that traverses the school premise.
3. Sometime in July 1978, private respondents closed the dike entrance of the
main canal to the canal.
4. The trial court rendered judgment dismissing private respondents
complaint and are ordered to restore and reopen the dike entrance.
5. Upon appeal, the IAC set aside and ordered the petitioners to respect
private respondents’ rights and to refrain from demolishing and/or
causing the demolition of the dikes.
ISSUE:
WON an easement or servitude of water-right-of-way was constituted on the
property of the private respondents as servient estate in favor of the L. Borres
Elementary School land and nearby lands as dominant estates.

RULING:
YES. Even assuming that it was plaintiff Florete Sr. who constructed the
subject canal in 1961, an easement of water-right of way had already been
constituted on the property of the plaintiffs as the servient estate in favor of the
L. Borres Elementary School premises and the nearby lands as the dominant
estates. Private respondents thus violated Art. 629 of the Civil Code when they
closed the entrance of the canal and demolished portions of the main dike thus
impairing the use of the servitude by the dominant estates.

HELD:
WHEREFORE, premises considered, the assailed decision of the respondent
appellate court is hereby REVERSED and SET ASIDE, and the judgment of the
Regional Trial Court in Civil Case No. 1279 is hereby REINSTATED.
SO ORDERED.