Andamo v.

lntermediate Appellate Court

G.R. No. 74761, November 6, 1990, 191 SCRA 195
Fernan, C.].
FACTS: Pettoner spouses Emmanue and Natvdad Andamo are the owners
of a parce of and stuated n Bga (Buso) Sang, Cavte whch s ad|acent to
that of prvate respondent, Mssonares of Our Lady of La Saette, Inc., a
regous corporaton. Wthn the and of respondent corporaton, waterpaths
and contrvances, ncudng an artfca ake, were constructed, whch
aegedy nundated and eroded pettoners' and, caused a young man to
drown, damaged pettoners' crops and pants, washed away costy fences,
endangered the ves of pettoners and ther aborers durng rany and
stormy seasons, and exposed pants and other mprovements to destructon.
Pettoners nsttuted a crmna acton aganst the offcers and drectors of
respondent corporaton, for destructon by means of nundaton under Artce
324 of the Revsed Pena Code. Subsequenty, pettoners fed a cv acton
aganst respondent corporaton for damages. The tra court dsmssed the
cv case for ack of |ursdcton, as the crmna case whch was nsttuted
ahead of the cv case was st unresoved. The appeate court affrmed the
order of the tra court. The moton for reconsderaton was aso dened.
lSSUE: Whether a corporaton, whch has but through ts agents,
waterpaths, water conductors and contrvances wthn ts and, thereby
causng nundaton and damage to an ad|acent and, can be hed cvy abe
for damages.
HELD: Yes. Pettoners' compant suffcenty aeges that pettoners have
sustaned and w contnue to sustan damage due to the waterpaths and
contrvances but by respondent corporaton. It must be stressed that the
use of one's property s not wthout mtatons. Artce 431 of the Cv Code
provdes that "the owner of a thng cannot make use thereof n such a
manner as to n|ure the rghts of a thrd person." SIC UTERE TUO UT ALIENUM
NON LAEDAS. Moreover, ad|onng andowners have mutua and recproca
dutes whch requre that each must use hs own and n a reasonabe
manner so as not to nfrnge upon the rghts and nterests of others.
Athough we recognze the rght of an owner to bud structures on hs and,
such structures must be so constructed and mantaned usng a reasonabe
care so that they cannot be dangerous to ad|onng andowners and can
wthstand the usua and expected forces of nature. If the structures cause
n|ury or damage to an ad|onng andowner or a thrd person, the atter can
cam ndemnfcaton for the n|ury or damage suffered.
Artce 2176 of the Cv Code mposes a cv abty on a person for damage
caused by hs act or omsson consttutng faut or neggence. However,
responsbty for faut or neggence under the sad artce s entrey
separate and dstnct from the cv abty arsng from neggence under the
Pena Code. The pantff cannot recover damages twce for the same act or
omsson of the defendant. The decson s reversed and set asde.
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