Solid Manila v. Court of Appeals

Summary

Solid Manila Corporation sought injunction against Bio Hong Trading to remove steel gates blocking a private alley established as an easement on Bio Hong's property. The Regional Trial Court granted summary judgment for petitioner, but the Court of Appeals reversed, finding the easement was extinguished by merger. The Supreme Court reinstated the RTC decision, ruling that no merger occurred because this was a personal servitude established for public benefit, not a real servitude between estates. Personal servitudes cannot be extinguished by merger as there is no dominant estate owner. The deed of sale preserved the easement with specific conditions requiring public access. The Court emphasized that summary judgment was proper as the merger defense was not genuine, and condemned the respondent's forum-shopping tactics in seeking cancellation of the easement annotation in separate proceedings.