This case has been cited 1 times or more.
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2006-07-31 |
PUNO, J. |
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| Petitioners invoke the case of Bautista v. Court of Appeals,[20] claiming that the inundation was merely due to the rains, and that the water elevation should be determined from the highest ordinary depth during dry season. They cite Art. 74 of the Law of Waters of 1866 which defines the extent of a lake bed as "the ground covered by their waters when at their highest ordinary depth," and the case of Government of the Philippine Islands v. Colegio de San Jose[21] which defines the phrase "highest ordinary depth" as the highest depth of the waters (the Laguna Lake, in this case) during the dry season, such depth being the regular, common, natural depth which occurs always or most of the time during the year. It is contended that the measurement of Laguna Lake Development Authority Geodetic Engineer Merida of 12.19 meters as the highest observed elevation of the subject lots was made in November,[22] which is still rainy season. We disagree for while November is not part of the summer season, it is not part of the rainy season either. It still is part of the dry season during which the waters are at their "highest ordinary depth." | |||||