Spouses Bernabe Mercader, Jr. v. Spouses Jesus Bardilas

Summary

This case involved a dispute over ownership and usage rights of a 3-meter wide road right of way between adjoining properties originally subdivided from one lot. The Mercader spouses built part of their house and fence on the right of way, leading to demands from the Bardilas spouses for payment or removal. The RTC initially ruled in favor of the Mercaders, declaring the easement extinguished. However, the Court of Appeals reversed this, recognizing the Bardilas' ownership rights as owners of the servient estate. The Supreme Court affirmed the CA decision with modification, holding that under Article 630 of the Civil Code, owners of the servient estate retain ownership of the easement portion. The Court clarified that the phrase 'with existing Right of Way' in the title was merely a boundary description, not a grant of easement rights. The decision reinforced the principle that easements do not transfer ownership of the burdened property portion to the dominant estate owner.