9 PHIL 149


Plaintiff is an owner of a rice land being irrigated through an aqueduct. A dam existed in the land of defendant which controls the water in the aqueduct. When plaintiff was preparing to plant, the defendant destroyed the dam causing damage to plaintiff.


The enjoyment of the plaintiff of an easement for the maintenance of an irrigation aqueduct and a dam on the lands of defendant for a period of more than 20 years confers title thereto upon the plaintiff by virtue of prescription and burdens the lands of the defendants with a corresponding servitude.