IBRAHIM respondents owned the property, their right to the subsoil
Topic: Ownership of the same does not extend beyond what is necessary to enable them to obtain all the utility and convenience that RECIT READY: Ibrahim is the owner of a parcel of land located in Marawi such property can normally give. In any case, petitioner City. NAPOCOR took possession of the sub-terrain portion of the land of asserts that respondents were still able to use the subject Ibrahim. They argued that Ibrahim’s rights does not extend to the property even with the existence of the tunnels, citing as sub-terrain portion of his property. The Supreme Court held that Article 437 an example the fact that one of the respondents, Omar G. of the Civil Code expressly states that the owner of a parcel of land is the Maruhom, had established his residence on a part of the owner of its surface, and everything under it xxx. Petition of NAPOCOR property. Petitioner concludes that the underground denied, Ibrahim is the owner of the sub-terrain portion of his property. tunnels 115 meters below respondents’ property could not have caused damage or prejudice to respondents and FACTS: their claim to this effect was, therefore, purely conjectural ● Ibrahim (on behalf of his heirs) is the owner of a parcel of land and speculative. divided into three lots located in Marawi City ISSUE: Whether or not Ibrahim is the owner of the sub-terrain portion ● Ibrahim filed a complaint against NAPOCOR alleging the latter that of his property it employed stealth, and without the respondents’ knowledge and without prior consent took possession of the sub-terrain area of HELD: their lands and constructed therein underground tunnels ● YES ● The existence of the said tunnels was only discovered sometime in ● ART. 437. The owner of a parcel of land is the owner of its surface July 1992 and of everything under it, and he can construct thereon any works ● NAPOCOR issued a memorandum regarding the issue at hand. or make any plantations and excavations which he may deem They stated that the tunnels were apparently being used by the proper, without detriment to servitudes and subject to special laws NAPOCOR in siphoning the water of Lake Lanao and in the and ordinances. He cannot complain of the reasonable operation of NAPOCOR’s projects in the nearby area requirements of aerial navigation. ● Respondents Ibrahim et al. demanded damages from NAPOCOR ● Thus, the ownership of land extends to the surface as well as to and to vacate the sub-terrain portion of their property the subsoil under it. ● NAPOCOR refused. They stated, among other things, that Ibrahim et al. were never in possession of the sub-terrain portion and that WHEREFORE, the petition is DENIED and the Decision of the Court of they failed to show proof of ownership over the said sub-terrain Appeals in C.A.-G.R. CV No. 57792 dated June 8, 2005 is AFFIRMED. portion ● RTC: NAPOCOR ● CA: IBRAHIM ● Arguments of NAPOCOR before the SC: ○ Petitioner maintains that the sub-terrain portion where the underground tunnels were constructed does not belong to respondents because, even conceding the fact that