Woodridge School v. Arb · G.R. 157285

Petitioner: Woodridge School
Respondent: Arb Construction Co.
Citation: G.R. No. 157285
Court: Supreme Court
Division: First Division
Ponente: Corona, J.
Decided: February 16, 2007

Summary

Woodridge School and Miguela Jimenez-Javier sought right of way through ARB Construction's subdivision road after being denied access to public highway. RTC initially ruled the road was public property, but CA reversed, awarding P500,000 indemnity. Supreme Court held subdivision roads remain private until formally donated to government, confirmed legal easement requirements were met, but ruled CA's indemnity award was arbitrary. Court established that proper indemnity under Civil Code Article 649 must equal land value plus servient estate damages, remanding for evidence-based calculation. Case clarifies that subdivision roads don't automatically become public property and establishes legal framework for easement indemnity in enclosed properties requiring permanent passage rights.

Statutes applied

Civil Code, Art. 649

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By the Intellegal Editorial Board · February 16, 2007

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