G.R. No. L-8153, December 24, 1912
TORIBIO BAUTISTA, plaintiff-appellee, vs. TORIBIO ALARCON, ET AL., defendants-appellants.

FACTS

Toribio Bautista owned a fishpond supplied with water from a canal or ditch connected to the Obando River. The canal also served as a boundary between the fishponds of defendants Toribio Alarcon and Julian Santos (later substituted by Teodora Raymundo). In October 1907, the defendants constructed dikes on the banks of the canal, narrowing its width from about 6 meters to approximately 25 centimeters. This severely obstructed the water flow to Bautista’s fishpond, causing it to dry up and resulting in financial loss. Bautista filed a complaint seeking a perpetual injunction to restrain the defendants from occupying the canal and to recover damages. The defendants claimed ownership of the land through which the canal passed and denied the existence of any easement in favor of Bautista.

ISSUE

Whether the canal in question is considered property of public domain, and consequently, whether the defendants unlawfully obstructed it to the detriment of the plaintiff and the public.

RULING

Yes. The Supreme Court affirmed the trial court’s judgment, ruling in favor of Bautista. The canal is a branch of the Obando River and, as such, is property of public dominion under Article 339(1) and Article 407 of the Civil Code, destined for public use and not susceptible to private appropriation. The defendants failed to prove ownership of the land occupied by the canal. By narrowing the canal, they unlawfully usurped public property and deprived Bautista of the water necessary for his fishery. The Court upheld the injunction ordering the defendants to remove their dikes and restore the canal to its former width, and affirmed the award of damages to Bautista. The right to use the water from the canal is common to all, and no one may use it exclusively to the detriment of others.