Petitioner
Pacita David-Chan
Respondent
Court of Appeals
Citation
G.R. No. 105294
Court
Supreme Court
Division
Third Division
Ponente
Panganiban, J.
Decided
February 26, 1997

Summary

Pacita David-Chan sought a compulsory easement of right of way through Philippine Rabbit Bus Lines' property to access the public highway, claiming her 635-square meter lot was surrounded by other properties with only a 2-foot-4-inch opening for access. The Regional Trial Court dismissed her petition, finding no legal entitlement to the easement. The Court of Appeals affirmed, ruling that she failed to satisfy the Civil Code requirements: she had adequate alternative access through adjacent Pineda property but closed it herself, caused her own isolation, and never tendered proper indemnity. The Supreme Court denied her petition, emphasizing that factual findings of lower courts are binding and that equity cannot override statutory requirements. The case demonstrates strict application of Civil Code provisions on easement of right of way, requiring clear proof of all statutory elements before burdening another's property with servitude.

Statutes applied

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By Intellegal Editorial Board · February 26, 1997

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