Philippine Bar review · Question

Practice question: Relating to Waters

Multiple Choice Hard Jurisprudence

Practice question

A hillside farm formerly drained naturally onto lower land. Its owner builds a collection system that concentrates additional runoff and increases the burden below. He argues that the natural-drainage easement authorizes any volume or artificial alteration. The lower owner separately proposes a wall blocking natural flow without any alternative drainage. Which statement is correct?
  1. The higher owner may increase the burden without limit
  2. The lower owner may block natural drainage unconditionally
  3. Both owners may disregard the effects on the other
  4. The higher owner cannot increase natural flow by works, and the lower owner cannot impede it without providing an alternative method of drainage under Water Code Article 50
  5. Only ownership of the larger lot matters

Legal references

  • PD 1067, Article 50: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/26/54002

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