Ongsiako v. Ongsiako, [G.R. No. L-7510] Case Digest

 

Ongsiako v. Ongsiako,

G.R. No. L-7510

 

 

Facts:

On March 30, 1957Appeal from an order of the Court of the First Instance of Nueva Ecija (Civil Case No. 755), granting the motion to dismiss the complaint of Caridad Ongsiaco and her husband against her sister Emilia and the latter’s husband. The complaint alleged three (3) causes of action. In the motion to dismiss, it was alleged that all the causes of action had become barred by extinctive prescription.

Emilia Ongsiaco constructed dikes which interfer the Appellants’ (Caridad Ongsiaco) Easement of Drainage.

 

Issue:

Whether or not the constructed dikes by Emilia Ongsiako constitute private nuisance.

 

Held:

Yes, but the action already prescribed.

 

Ratio:

The basis of this cause of action can only be the legal servitude of drainage of rural estate regulated by Art. 552 of 1889 old Civil Code. Since the enjoyment of this servitude does not depend upon acts of man because descent of rain water from the higher to the lower estates is due to the force of gravity, this easement must be classed among the continuous ones (Article 532, Old Civil Code; Article 615, New Civil Code), and it is subject to extinction by non-user for the period required by law (Article 546, Old Civil Code; Article 631, New Civil Code). The original 20-year period of extinctive prescription by non-user under Article 546 of the Old Civil Code was reduced by sec. 41 of Act 190 to ten years from their violation, servitudes being   clearly   “interest   in   land” .