Petitioner
Teofilo Alolino
Respondent
Fortunato Flores
Citation
G.R. No. 198774
Court
Supreme Court
Division
Second Division
Ponente
Brion, J.
Decided
April 4, 2016

Summary

Property dispute between neighbors Alolino and the Flores spouses over an illegally constructed house/sari-sari store on a municipal road. Alolino claimed the structure violated his easement of light and view and blocked his access. The RTC ordered demolition but the CA reversed, finding no valid easement and citing the Sanggunian's reclassification of the road. The Supreme Court reinstated the RTC decision, holding that a mere resolution cannot convert public property to private use - only a proper ordinance can do so under the Local Government Code. The Court ruled the structure constitutes a public nuisance obstructing a public highway and ordered its removal, establishing important precedent on the requirements for converting public roads to private property and the protection of public domain from illegal occupation.

Statutes applied

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By Intellegal Editorial Board · April 4, 2016

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