FACTS:
The plaintiff is the owner of a tract of rice land
in the Province of La Laguna, which is cultivated with the aid of water brought
from the River Bangcabangca, through an aqueduct which passes over the land of
the defendants. On the land of the defendants there was a dam (presa)
with a small gate or aperture in its face which was used to control the flow of
the water in the aqueduct, by permitting a greater or less quantity to escape
in a drainage ditch, also on the land of the defendants. In the month of May,
1905, one of the defendants completely destroyed the dam and let all the water
escape by the drainage ditch, so that none flowed on the land of the plaintiff.
At the time when the dam was destroyed the plaintiff had some five cavanes
of land prepared to plant rice, but because of the escape of the water
resulting from the destruction of the dam he was unable to raise his crop,
which was a complete failure. The aqueduct and dam in question had been in use
by the plaintiff, as of right, for more than thirty years, and that he had an
easement in the land of the defendants for the maintenance of the said aqueduct
and dam.
ISSUE:
Whether or not a servitude has been established
over the aqueduct and the dam.
DECISION:
A servitude exist over the aqueduct and the dam. The
Court upheld the existence of easement by virtue of the positive testimony as
to the existence of the aqueduct and its use for many years to supply water to
the lands in question. The testimony of the plaintiff's witnesses is definite,
certain, and positive that a portion of the lands of the plaintiff, watered by
the aqueduct, amounting 5 cavanes, was, in fact, prepared by the plaintiff for
cultivation in May.
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