sic itur ad astra

  Torts and Damages | Defenses Proximate Cause: Own Negligence Ilusorio vs. Court of Appeals, et al., G.R. No. 139130, November 27, 2002 Petitioner’s failure to examine his bank statements appears as the proximate cause of his own damage . Proximate cause is that cause, which, in natural and continuous sequence, unbroken by any efficient intervening cause, produces the injury, and without which the result would not have occurred. In the instant case, the bank was not shown to be remiss in its duty of sending monthly bank statements to petitioner so that any error or discrepancy in the entries therein could be brought to the bank’s attention at the earliest opportunity . But, petitioner failed to examine these bank statements not because he was prevented by some cause in not doing so, but because he did not pay sufficient attention to the matter. Had he done so, he could have been alerted to any anomaly committed against him. In other words, petitioner had sufficient opportunity to...

  Natural Resources Law | Fisheries Act Cuevas, J: Petitioner : Bienvenido Amistoso Respondents :  Senecio Ong Epifania Neri  Hon. Presiding Judge, Esteban M. Lising CFI-Camarines Sur Recit Ver: Bienvenido Amistoso claims a right to the beneficial use of irrigation water passing through Epifania Neri 's land from the Silmod River via an irrigation canal. Neri, however, refuses to recognize this right or annotate it on her land’s Certificate of Title. Amistoso had obtained an approved Water Rights Grant, but the respondents contended that the case involved water rights, thus falling under the exclusive jurisdiction of the National Water Resources Council, based on Presidential Decrees No. 424 and 1067. The trial court dismissed the case due to lack of jurisdiction. Amistoso claims that the case is about annotating the easement (water rights) on Neri's title, not a water rights dispute. The complaint was filed before P.D. No. 424 took effect, meaning the old law should app...