sic itur ad astra

  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...

Natural Resources Law | Fisheries Act Tinga, J: Recit Ver: The Metro Iloilo Water District (MIWD) , established under Presidential Decree No. 198 and holding a Conditional Certificate of Conformance from the Local Water Utilities Administration since 1979, covers several areas in Iloilo, including the city and neighboring municipalities. In 1993, MIWD filed nine petitions for injunction against private respondents who were extracting groundwater within MIWD's jurisdiction without proper permits. MIWD claimed that this extraction violated its regulations, approved by the National Water Resources Council (NWRC), as well as the Water Code of the Philippines (Presidential Decree No. 1067). The private respondents countered, arguing the case was within the exclusive jurisdiction of the NWRC, not the trial courts, because it involved water appropriation and utilization. MIWD claimed that the case does not involve a dispute over water rights appropriation but concerns the enforcement of r...