171368-2015-Spouses_Vergara_v._Sonkin20190124-5466-1nwx8i5.pdf - FIRST DIVISION[G.R No 193659 SPS FERNANDO VERGARA and HERMINIA VERGARA petitioners vs


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FIRST DIVISION [G.R. No. 193659. June 15, 2015.] SPS. FERNANDO VERGARA and HERMINIA VERGARA SPS. FERNANDO VERGARA and HERMINIA VERGARA, petitioners , vs vs . ERLINDA TORRECAMPO SONKIN ERLINDA TORRECAMPO SONKIN, respondent . DECISION PERLAS-BERNABE PERLAS-BERNABE, J p : Assailed in this petition for review on certiorari 1 are the Decision 2 dated February 24, 2010 and the Resolution 3 dated September 2, 2010 of the Court of Appeals (CA) in CA-G.R. CV No. 89357, which reversed and set aside the Decision 4 dated January 4, 2007 of the Regional Trial Court of Malolos City, Bulacan, Branch 19 (RTC) in Civil Case No. 900-M-2002 and entered a new one in its stead. The Facts The Facts Petitioners-spouses Fernando Vergara and Herminia Vergara (Sps. Vergara) and Spouses Ronald Mark Sonkin and Erlinda Torrecampo Sonkin (Sps. Sonkin) are adjoining landowners in Poblacion, Norzagaray, Bulacan. In view of the geographical [email protected] of the adjoining properties, the property owned by Sps. Sonkin (Sonkin Property) is slightly lower in elevation than that owned by Sps. Vergara (Vergara Property). 5 When Sps. Sonkin bought the Sonkin Property sometime in 1999, they raised the height of the partition wall and caused the construction of their house thereon. The house itself was attached to the partition wall such that a portion thereof became part of the wall of the master's bedroom and bathroom. 6 Sometime in 2001, Sps. Vergara levelled the uneven portion of the Vergara Property by @lling it with gravel, earth, and soil. As a result, the level of the Vergara Property became even higher than that of the Sonkin Property by a third of a meter. Eventually, Sps. Sonkin began to complain that water coming from the Vergara Property was leaking into their bedroom through the partition wall, causing cracks, as well as damage, to the paint and the wooden parquet Door. Sps. Sonkin repeatedly demanded that Sps. Vergara build a retaining wall on their property in order to contain the [email protected] that they had dumped thereon, but the same went unheeded. 7 Hence, Sps. Sonkin @led the instant complaint for damages and injunction with prayer for preliminary mandatory injunction and issuance of a temporary restraining order against Sps. Vergara, as well as Sps. Rowena Santiago and Harold Santiago, Dolores Vergara- Orbistondo, and Rosario Vergara-Payumo, the other possessors of the Vergara Property. 8 HCaDIS In defense, Sps. Vergara, in their Answer with Compulsory Counterclaim, 9 claimed that Sps. Sonkin's act of raising the partition wall made the same susceptible to breakage, which therefore cannot be attributed to them (Sps. Vergara). They likewise claimed that when they levelled their own property by @lling it with gravel and soil, they left a distance of one (1) meter from the partition wall such that the edge of the [email protected] did not breach it, asserting further that there was no valid and legal reason why they CD Technologies Asia, Inc. © 2019 cdasiaonline.com
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