Petitioner
Anastacia Quimen
Respondent
Court of Appeals
Citation
G.R. No. 112331
Court
Supreme Court
Division
First Division
Ponente
Bellosillo, J.
Decided
May 29, 1996

Summary

This case involves an easement of right of way dispute between neighboring property owners in Pandi, Bulacan. Yolanda Oliveros purchased landlocked lots from her uncle Antonio Quimen through Anastacia Quimen's administration, with alleged assurance of a right of way through Anastacia's property. When Anastacia later denied passage, Yolanda filed suit. The trial court dismissed the complaint, preferring removal of an obstructing store over creating a detour through Anastacia's property. The Court of Appeals reversed, and the Supreme Court affirmed, applying Article 650 of the Civil Code. The Court emphasized that 'least prejudice' to the servient estate prevails over 'shortest distance,' ruling that cutting down an avocado tree caused less damage than demolishing a store made of strong materials. The decision established important precedent on balancing competing criteria in easement establishment.

Statutes applied

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By the Intellegal Editorial Board · May 29, 1996

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