Petitioner
Bicol Agro-Industrial Producers Cooperative
Respondent
Edmundo O. Obias
Citation
G.R. No. 172077
Court
Supreme Court
Division
Third Division
Ponente
Peralta, J.
Decided
October 9, 2009

Summary

BAPCI claimed right of way over a road constructed by its predecessor BISUDECO on private agricultural lands, asserting rights through alleged agreement, prescription, or compulsory easement. Respondent landowners denied any agreement and barricaded the road. The Supreme Court affirmed lower courts' findings that no agreement existed and discontinuous easements cannot be acquired by prescription under Article 622 of the Civil Code. However, the Court upheld BAPCI's entitlement to compulsory easement under Article 649 upon payment of proper indemnity, while clarifying that ownership of the land remains with respondents. The case establishes important precedent on easement acquisition requirements and the distinction between easement rights and land ownership in compulsory right-of-way cases.

Statutes applied

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By Intellegal Editorial Board · October 9, 2009

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