Petitioner
Spouses Manuel Mejorada
Respondent
Glorificacion Vertudazo
Citation
G.R. No. 151797
Court
Supreme Court
Division
First Division
Ponente
Sandoval-Gutierrez, J.
Decided
October 11, 2007

Summary

This Supreme Court case involves a property dispute over an easement of right of way. Respondents, who owned a landlocked 300-square meter residential lot, had been using a 55.5 square meter passageway since 1981 to access Quiñones Street and the public highway. When petitioners spouses Mejorada purchased the adjacent property containing this passageway in 1988 and subsequently closed it in 1997 by building a garage, respondents filed for compulsory easement. The case progressed through three court levels, with all courts ruling in favor of respondents. The Supreme Court affirmed the decisions, finding that all four requisites under Articles 649-650 of the Civil Code for compulsory easement were met: the property was landlocked without adequate outlet, proper indemnity was offered, isolation was not due to the property owners' acts, and the easement was at the point least prejudicial to the servient estate. The decision established permanent right of way with compensation to be determined by court-appointed assessors.

Statutes applied

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By Intellegal Editorial Board · October 11, 2007

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