Spouses Danilo Febrero v · G.R. 262227

Petitioner: Spouses Danilo Febrero
Respondent: Spouses Rodolfo Febrero
Citation: G.R. No. 262227
Court: Supreme Court
Division: Third Division
Decided: April 12, 2023

Summary

This case involves a property dispute between co-owner relatives over an easement of right of way. The Febrero spouses were co-owners of property under TCT No. N-222007 with a Deed of Voluntary Partition establishing a right of way for access to public road. Petitioners constructed a structure blocking this easement, forcing respondents to access the road by passing through neighbors' roofs. The RTC granted respondents' claim for easement, moral damages, exemplary damages, and attorney's fees. The Court of Appeals affirmed but removed exemplary damages and attorney's fees. The Supreme Court denied petitioners' appeal, ruling that factual issues were beyond Rule 45 scope, and reinstated the exemplary damages and attorney's fees as deterrents against deleterious behavior, applying 6% annual interest on all monetary awards.

Statutes applied

Civil Code, Art. 2220

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By Intellegal Editorial Board · April 12, 2023

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