North Greenhills Association v. Atty. Narciso Morales

Summary

This case involves a dispute between homeowner Atty. Narciso Morales and North Greenhills Association over access rights to a subdivision park. Morales had used a side door to access McKinley Park for 33 years until NGA constructed a restroom that blocked his access. The HLURB, Office of the President, and Court of Appeals initially ruled in favor of Morales, ordering relocation of the restroom and characterizing it as a nuisance per accidens. However, the Supreme Court partially reversed, holding that NGA, as property owner, has the statutory right under Civil Code Articles 429-430 to fence its property and control access. The Court found the lower courts' nuisance determination was based on speculation rather than evidence, and that Morales had no legal easement or unbridled right to access the park through his private door. The decision reinforces property owners' rights while requiring proper evidentiary support for nuisance claims.