G.R. No. L-11627; August 10, 1918
THE MUNICIPALITY OF MANGALDAN, plaintiff-appellee, vs. THE MUNICIPALITY OF MANAOAG, defendant-appellant.

FACTS:
The Municipality of Mangaldan filed a complaint against the Municipality of Manaoag in the Court of First Instance of Pangasinan. Mangaldan alleged that from time immemorial, its residents had enjoyed the use of one-half of the water from the Tagumising River, which continues as the Tolon River flowing through Mangaldan. This use was for irrigating lands under an easement existing for over 30 years. Mangaldan claimed that about two years prior, Manaoag deprived them of this water by constructing a strong dam at the confluence of the Tagumising and Tolon Rivers, obstructing the flow. Mangaldan prayed for a declaration of its right to the water, an order for Manaoag to tear down the dam, and costs.

Manaoag, in its answer, denied the allegations and asserted that even if such a right existed, it had already prescribed. After trial and an ocular inspection, the trial court found that the dam, along with accumulated earth and sand deposits, prevented water from reaching the Tolon River section and Mangaldan. The court ordered Manaoag to remove the dam and the deposits, and to construct a new dam made only of branches to allow the surplus water to flow to Mangaldan as before. Manaoag appealed.

ISSUE:
1. Whether the Municipality of Mangaldan has the legal personality to sue for the water rights of its inhabitants.
2. Whether the inhabitants of Mangaldan had acquired, by prescription, a right to use the water from the Tagumising/Tolon River, and if such right was extinguished.
3. Whether Manaoag could lawfully obstruct the flow of the river water to the prejudice of Mangaldan’s inhabitants.

RULING:
The Supreme Court affirmed the trial court’s decision.

1. On Legal Personality: The Court held that a municipality, as a juridical entity created by law, is entitled to bring suits to recover damages or protect rights for the community it represents. It can act to abate a nuisance affecting public property, such as waters of the public domain.

2. On Water Rights and Prescription: The Tagumising/Tolon River and its water are of the public domain under Article 407 of the Civil Code. The use of public waters can be acquired by prescription of twenty years (Article 409, Civil Code). The evidence, including a 1870 judgment, proved that the inhabitants of Mangaldan had used the surplus water from the river for more than twenty years, thus acquiring a prescriptive right. This right was not extinguished by non-user for twenty years (Article 411, Civil Code), as the obstruction and deprivation began only around 1911-1912, less than twenty years before the suit.

3. On Manaoag’s Obligation: As the river and its water are public, no municipality can monopolize their use to the prejudice of others with equal rights. The existence of a dam benefiting Manaoag implies an obligation to maintain it so as not to injure the rights of others. Even if the siltation was natural, Manaoag was obligated to remove the obstructions (the dam and deposits) to restore the flow of water to Mangaldan, thereby respecting the latter’s prescriptive right.

DISPOSITION: The appealed judgment was affirmed. The Municipality of Manaoag was ordered to remove the dam and the deposits of earth and sand, construct a new dam of branches to allow the passage of surplus water, and pay the costs.

DISSENTING OPINION: One Justice dissented, arguing that since the damages alleged affected only private individuals and not the municipal corporation itself, the Municipality of Mangaldan lacked the requisite personality to sue.