Celeste June R.

Ceballos

GONZALES VS DE DIOS
Kay
Gonzales’ De Dios’ Pateng
fishpond fishpond River

FACTS:
Gonzales and De Dios’ fishponds are adjacent to each other.
The Kay Pateng River is the only source of water for Gonzales’ fishpond, but
she has no access to it. She has repeatedly asked De Dios for an easement of
aqueduct, but the latter refused. Thus, Gonzales filed a case demanding for
an easement.

ISSUES
(1) WON Gonzales has the right to an easement of aqueduct? YES
(2) WON Gonzales can be granted the easement? NOT YET.

HELD
(1) Yes, Gonzales has the right to an easement of aqueduct as provided
by Art. 557 (now Art. 642) and is supported by Articles 118-125 of the
Spanish Law of Waters.
(2) No, Gonzales must comply with the requirements under Art. 558
(now Art. 643) of the Civil Code. In the case at bar, she has not
obtained the necessary permit from the government to use the water
from the Kay Pateng River.