Petitioner
Heirs of the Late Joaquin Limense
Respondent
Rita Vda. de Ramos
Citation
G.R. No. 152319
Court
Supreme Court
Division
Third Division
Ponente
Peralta, J.
Decided
October 28, 2009

Summary

This Supreme Court case involved a property dispute between heirs of Joaquin Limense and heirs of Francisco Ramos over Lot No. 12-C in Manila. The controversy arose when Limense attempted to fence his property but discovered that respondents' building encroached upon it, and that respondents claimed a right of way over the lot as an alley. The RTC and CA ruled in favor of respondents, finding an easement of right of way. The Supreme Court denied the petition but modified the decision, ruling that while Limense's title (TCT No. 96886) was valid and no co-ownership existed, respondents were entitled to the easement due to actual knowledge, and as good faith builders, their encroachment was protected under Articles 448 and 546 of the Civil Code. The case was remanded to determine the proper remedy for the encroachment under these provisions.

Statutes applied

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By Intellegal Editorial Board · October 28, 2009

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