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    2f Property Case Digests

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    Beverly Legaspi
    The Court of First Instance of Camiguin did not have jurisdiction to adjudicate a dispute over water rights for irrigation between landowners. The National Water Resources Council has original and exclusive jurisdiction over resolving conflicts concerning the appropriation of water resources. While the petitioners had historically used water from creeks to irrigate their rice fields, they did not obtain the necessary water permits. The respondent landowner downstream obtained a water permit to use the creek water at night for his rice field. The petitioners' remedy was to file a complaint with the National Water Resources Council, not seek an injunction from the court.

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    2f Property Case Digests

    Uploaded by

    Beverly Legaspi
    132 views1 page
    The Court of First Instance of Camiguin did not have jurisdiction to adjudicate a dispute over water rights for irrigation between landowners. The National Water Resources Council has original and exclusive jurisdiction over resolving conflicts concerning the appropriation of water resources. While the petitioners had historically used water from creeks to irrigate their rice fields, they did not obtain the necessary water permits. The respondent landowner downstream obtained a water permit to use the creek water at night for his rice field. The petitioners' remedy was to file a complaint with the National Water Resources Council, not seek an injunction from the court.

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    72619718 2f Property Case Digests

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    The Court of First Instance of Camiguin did not have jurisdiction to adjudicate a dispute over water rights for irrigation between landowners. The National Water Resources Council has original and exclusive jurisdiction over resolving conflicts concerning the appropriation of water resources. While the petitioners had historically used water from creeks to irrigate their rice fields, they did not obtain the necessary water permits. The respondent landowner downstream obtained a water permit to use the creek water at night for his rice field. The petitioners' remedy was to file a complaint with the National Water Resources Council, not seek an injunction from the court.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    132 views1 page

    2f Property Case Digests

    Uploaded by

    Beverly Legaspi
    The Court of First Instance of Camiguin did not have jurisdiction to adjudicate a dispute over water rights for irrigation between landowners. The National Water Resources Council has original and exclusive jurisdiction over resolving conflicts concerning the appropriation of water resources. While the petitioners had historically used water from creeks to irrigate their rice fields, they did not obtain the necessary water permits. The respondent landowner downstream obtained a water permit to use the creek water at night for his rice field. The petitioners' remedy was to file a complaint with the National Water Resources Council, not seek an injunction from the court.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    G.R. No.

    L-4827 May 31, 1979

    GERARDO D. ABE-ABE, Et. Al., petitioners,


    vs.
    JUDGE LUIS D. MANTA of the Court of First Instance of Camiguin and PEDRO P. ROMUALDO,respondents.

    FACTS:

    On August 20, 1976, petitioners filed an injunction suit against Pedro P. Romualdo. The purpose of the suit
    was to secure a judicial declaration as to the petitioners' prior vested rights under article 504 of the Civil Code to use
    the water of the Anibungan Inobo Ablay and Tajong Crocks to irrigate their ricelands located upstream in Barrios
    Lumad and Baylao Mambajao, Camiguin The petitioners sought to enjoin Romualdo from using the water of the
    creeks at night to irrigate his two (2) hectare riceland located downstream. That nocturnal use was allegedly
    prejudicial to the petitioners.

    Their version is that their use of the water of the creeks started in 1938; that in 1952 or after the volcanic
    eruption, the waters of the creeks were made to converge in a single channel and two diversion dams were. The
    petitioners wanted to convey the impression that the communal irrigation system was established primarily for the
    benefit of the ricelands located upstream.

    Romualdo, in his answer, that at a conference held among the parties and it was agreed upon that the water
    of the creeks would be used on a rotation basis wherein: the petitioners would use it in the daytime and Romualdo
    and the other landowners downstream would use the water at night.

    Romualdo alleged that he filed a water permit application with the district engineer's office so that he could
    use legitimately the water to irrigate his riceland. In contrast, the petitioners did not file any water permit
    applications although required to do so by the district engineer's office.

    Romualdo interposed the defense that the lower court had no jurisdiction over the subject matter of the suit.
    He contended that the petitioners' remedy was to file their complaint with the district engineer's office pursuant to
    Department Order No. 245 dated September 29, 1958 of the Undersecretary of Public Works and Communications.

    Romualdo also invoked PD No. 424, which created the National Water Resources Council and vested it with
    powers to coordinate and integrate water resources development activities orto "determine, adjudicate, and grant
    water rights". Romualdo argued that PD No. 424 repealed article 504 of the Civil Code which allows the acquisition
    of the use of public waters by prescription for ten years.

    ISSUE:

    WON, the CFI of Camiguin has jurisdiction to adjudicate a dispute over water rights for irrigation purposes
    even if the controversy has not yet been passed upon by the National Water Resources Council, the agency vested
    with original and exclusive competence to resolve conflicting c on the appropriation of water resources.

    HELD:

    We hold that the petition is devoid of merit. It is incontestable that the petitioners' immediate recourse is to
    ventilate their grievance with the National Water Resources Council which, as already noted, is the administrative
    agency exclusively vested with original jurisdiction to settle water rights disputes-under the Water Code and under
    Presidential Decree No. 424.

    That jurisdiction of the Council under section 2(b) of Presidential Decree No. 424 is reaffirmed in section 88
    of the Water Code and in section 3(d) thereof which provides that the utilization, exploitation, development,
    conservation and protection of water resources shall be subject to the control and regulation of the government
    through" the Council.

    It should be noted that article 100 of the Water Code repealed the provisions of the Civil Code and the
    Spanish Law of Waters of August 3, 1866 "on ownership of waters, easements relating to waters, use of public waters
    and acquisitive prescription on the use of waters, which are inconsistent with the provisions of the Water Code.
    Article 100 also repealed the Irrigation Law, Act No. 2152.

    It is also noteworthy that section 3(e) of the Water Code recognizes that "preference in the use and
    development of waters shall consider current usages and be responsive to the changing needs of the country".

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