sic itur ad astra

Republic vs. Abarca G.R. No. 217703, October 09, 2019 Reyes, J. Jr., J. Property, Public Dominion Facts: Republic of the Philippines averred that it is the owner of a parcel of land situated in Alibagu, Ilagan, Isabela covering an area of 21,646 square meters, denominated as Lot 1, TS 1028. Since the 1960s, the Alibagu Elementary School (AES) has been occupying and using the said property as a school site.  In January 1983, Severo Abarca (Severo) was allowed by the Principal of AES and President of the school's Parents-Teachers Association (PTA) to lease a one-hectare portion of the property for a period of 10 years starting January 8, 1983. In return, Severo paid the amount of P200.00 per year to be used for the improvement of the school. However, after the expiration of the ten-year period and despite several demands, Severo and his children, the other respondents, refused to vacate and continued to occupy the portion leased to him (subject property) as they had already erected ...

Nuisances CASE TITLE: Smart Communications, Inc. vs. Aldecoa GR No/ Date : G.R. No. 166330. September 11, 2013. PONENTE : Leonardo-De Castro, J. CASE WITH THE SC: Petition for Review on Certiorari under Rule 45 PROCEDURAL ANTECEDENTS: RTC -  Abatement of Nuisance and Injunction CA - Appeal FACTS: Smart Communications, Inc. entered a lease with Florentino Sebastian on March 9, 2000, for a 300 sqm vacant lot in Barangay Vira, Roxas, Isabela. Petitioner, through Allarilla Construction, constructed a cellular base station with a 150-foot communications tower and a 25KVA diesel power generator. Surrounding the base station are houses, hospitals, clinics, and establishments, including properties of respondents. In May 23, 2000, respondents filed a complaint for abatement of nuisance and injunction alleging the following: The tower's height and structural weaknesses, drawing parallels to a similar tower collapse in 1998. Claimed health hazards due to noxious fumes and noise from the gene...