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    De Jesus Et Al V Howmart Corp

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    Syous99
    De Jesus et al v Howmart Corp. et al is a case regarding damages caused to the plaintiffs' building during the construction of the defendants' adjacent 60-story building. The plaintiffs allege that the defendants failed to take necessary precautions, depriving their building of sufficient support and causing cracks, sinking, and damage from debris. The issue is whether the defendants took proper precautions. The court held that the defendants did not, as Article 684 establishes an absolute duty for adjacent owners to provide support. The plaintiffs' house had sunk due to weakening from the defendants' excavation and building.

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    © All Rights Reserved
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    De Jesus Et Al V Howmart Corp

    Uploaded by

    Syous99
    169 views1 page
    De Jesus et al v Howmart Corp. et al is a case regarding damages caused to the plaintiffs' building during the construction of the defendants' adjacent 60-story building. The plaintiffs allege that the defendants failed to take necessary precautions, depriving their building of sufficient support and causing cracks, sinking, and damage from debris. The issue is whether the defendants took proper precautions. The court held that the defendants did not, as Article 684 establishes an absolute duty for adjacent owners to provide support. The plaintiffs' house had sunk due to weakening from the defendants' excavation and building.

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    Case Digest

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    De Jesus Et Al v Howmart Corp

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    De Jesus et al v Howmart Corp. et al is a case regarding damages caused to the plaintiffs' building during the construction of the defendants' adjacent 60-story building. The plaintiffs allege that the defendants failed to take necessary precautions, depriving their building of sufficient support and causing cracks, sinking, and damage from debris. The issue is whether the defendants took proper precautions. The court held that the defendants did not, as Article 684 establishes an absolute duty for adjacent owners to provide support. The plaintiffs' house had sunk due to weakening from the defendants' excavation and building.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    169 views1 page

    De Jesus Et Al V Howmart Corp

    Uploaded by

    Syous99
    De Jesus et al v Howmart Corp. et al is a case regarding damages caused to the plaintiffs' building during the construction of the defendants' adjacent 60-story building. The plaintiffs allege that the defendants failed to take necessary precautions, depriving their building of sufficient support and causing cracks, sinking, and damage from debris. The issue is whether the defendants took proper precautions. The court held that the defendants did not, as Article 684 establishes an absolute duty for adjacent owners to provide support. The plaintiffs' house had sunk due to weakening from the defendants' excavation and building.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    De Jesus et al v Howmart Corp.

    et al

    12 CA REP 831

    FACTS:

    Jesus and Luz Miranda de Jesus are owners of the building located in Tondo,Manila. They
    brought an action for damages against Homart Corporation and Howmill Manufacturing
    Corporation, owners of the land adjoining the plaintiff on the same street where a sixty story
    concrete building was constructed. Plaintiffs allege that the defendants failed to observe the
    necessary care and precautions to protect the construction of the plaintiffs by depriving it of
    sufficient lateral or subjacent support, thereby causing it to sink in some parts; its walls,
    ceilings, and floorings to crack in some places; and by the careless manner of handling the
    cement used the roofings of the building of the plaintiff were damaged with the
    accumulated debris piled thereon.

    ISSUE:

    Whether or not proper precautions had been taken by the defendants in constructing the
    building in question so as to prevent causing damage to the building of the plaintiff.

    HELD:

    No. Article 684 of the New Civil Code provides No property shall make such excavations
    upon his land as to deprive any adjacent land or building sufficient lateral or subjacent
    support. A reading of Article 684 shows that the duty of an adjacent owner not to deprive
    any adjacent land or building of sufficient lateral or subjacent support is an absolute one. It
    does not depend on the degree of care and precaution made by the proprietor in making the
    excavation or building on his land. Plaintiffs house which adjoins the seven story concrete
    building constructed by the defendants had sunk by about eight inches. The sinking of the
    left side of the house of the plaintiffs was due to the weakening of subjacent support and to
    the weight of the seven story concrete building constructed by the defendant, as the
    excavation made necessarily disturbed the subjacent soil of the plaintiffs land. Defendants
    having failed to provide the plaintiffs land and house with sufficient lateral and subjacent
    support are liable for damages.

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