Legal Question in Civil Litigation in Philippines
Good Afternoon;
Maybe there's someone out there that can give me some much needed professional ADVICE!
We own (14) Hextares of mountain property in the Province South of Manila. On the property there are (3) natural flowing Springs emanating very good water. Without our permission, the local Water District dug holes and built cement intake boxes over the springs, for (15) years they captured all of the water to be delivered thru pipes to the consumers in a town of approximently 25,000 people. When we approached the water district asking for monetary renumeration, we was flatly refused.
The water district applied for a 12.8 Million peso loan from the Local Water Utilities Agency (LWUA) to improve the reservoirs on our property.
When the water district was asked again to pay something, we was again denied, and we told them the water was no longer going to be allowed to flow thru their pipes on our property, they could get their water out of the Creek at their water permit location. Our 90 year old father crawled inside the intake box and put a wooden plug inside the pipe, stopping the flow of water to the consumers.
The water district filed a civil case in the Regional Trial Court seeking an Injunction and P800,000 Damages.The water district never showed a title, right to use, anything to prove right to the property or water. We showed a title, Tax receipts, statements of unconcerned individuals, and (3) water permits on the spring locations.
I understand all water in the Philippines is owned by the State, whether Public or Private and the State can give someone the RIGHT to the water by the issuance of a WATER PERMIT and the owner of the land without a permit has the right to first use of the water until it exits his land.....
After (6) years of court appearances, the General Manager and Attorney representing the water district resigned, and refused to appear for Cross when summoned. The presiding Judge told the water district to settle. We are asking for a settlement of P5,7000,000 and the water district is completely out of funds, Unbeleiveable, a government owned or controlled corporation (GOCC) BROKE? The lawyers offered us P200,000 with none to follow, to be used to acquire the section of our property where the water is located whether it is purchased or Expropriated, but no mention of the 5.7 million damages.
I was under the impression: "before the Court can issue a Writ of Possession, the implementing agency shall present to the court a certificate of availability of funds from the proper official concerned."
How can the water district Expropriate our property where the springs are located? We have the Water Permits, and a claim for Damages against the water district for P5,700,000
1 Answer from Attorneys
Perhaps, the court has ruled that the property is part of the public domain in view of your failure to prove ownership over the same. Tax receipts are not evidence of ownership but mere possession. If the property is part of the public domain nobody can acquire it even by a long period of possession known as prescription.
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