Petitioner
Eduardo C. Tañedo
Respondent
Hon. Juanito A. Bernad
Citation
G.R. No. 66520
Court
Supreme Court
Division
Second Division
Ponente
Padilla, J.
Decided
August 30, 1988

Summary

Eduardo Tañedo purchased Lot 7501-A from Antonio Cardenas who promised to sell adjacent Lot 7501-B exclusively to Tañedo due to shared septic tank and building encroachment. When Cardenas breached this promise by selling to spouses Sim, Tañedo filed for legal redemption and damages. The Regional Trial Court dismissed for lack of cause of action, but the Supreme Court reversed, finding the complaint sufficient to state causes of action for breach of promise and damages. The Court ruled that easement rights over the septic tank continued by operation of law despite the sale to different owners, as no provision extinguishing the easement was included in the conveyances. The case was remanded for trial on the merits.

Statutes applied

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By the Intellegal Editorial Board · August 30, 1988

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