Petitioner
Jopauen Realty Corporation
Respondent
Sps. Jacinto P. Dominguez
Citation
G.R. No. 212725
Court
Supreme Court
Division
Third Division
Ponente
Jr., J.
Decided
August 4, 2014

Summary

Jopauen Realty Corporation sued for easement of right of way, claiming defendants blocked its access to Bagong Bayan Road. The company acquired property in 1981 that was allegedly bounded by the public road, but later defendants acquired adjoining property that impeded direct access. Courts at all levels dismissed the case, finding that Jopauen already had adequate access through a strip of land by a creek. The Supreme Court affirmed, emphasizing that easement requires real necessity under Civil Code Articles 649-650, not mere convenience for a more direct route. The case establishes that existing adequate outlet, even if less convenient, defeats claims for compulsory easement. Attorney's fees were awarded to defendants for defending against the unfounded lawsuit, increased from PhP20,000 to PhP50,000 each by the Supreme Court.

Statutes applied

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By Intellegal Editorial Board · August 4, 2014

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