Back

Jose V. Hilario, Jr. vs. City Of Manila, Et Al.

JOSE V. HILARIO, JR., plaintiff-appellant, vs. THE CITY OF MANILA, defendant-appellee; DIRECTOR OF PUBLIC WORKS, CITY ENGINEER OF MANILA, FERNANDO BOSUEGO and EUGENIO SESE, defendants-appellants; MAXIMO CALALANG, intervenor; DIRECTOR OF MINES, intervenor.

G.R. No. L-19570 | 1967-04-27

D E C I S I O N 


BENGZON, J.P., J.: 

Dr. Jose Hilario was the registered owner of a large tract of land - around 49 hectares in area - located at Barrio Guinayang, in San Mateo, Rizal. 1 Upon his death this property was inherited by his son, herein plaintiff-appellant Jose Hilario, Jr., to whom a new certificate of title 2 was issued. 

During the lifetime of plaintiff's father, the Hilario estate was bounded on the western side by the San Mateo River. 3 To prevent its entry into the land, a bamboo and lumber post dike or ditch was constructed on the northwestern side. This was further fortified by a stonewall built on the...