Abellana v. Court of Appeals

Summary

This case involved multiple petitioners seeking to establish an easement of right of way over roads in Nonoc Homes Subdivision, claiming they had used a pre-existing footpath since time immemorial. The trial court initially ruled in favor of petitioners, ordering removal of subdivision walls. However, the Court of Appeals reversed, finding that requisite conditions for easement were not met and that subdivision roads remain private property requiring government acquisition through proper legal means. The Supreme Court affirmed, holding that rights of way cannot be acquired by prescription as they are not continuous easements, and that municipal ordinances allowing public use of subdivision roads do not grant outsiders the right to breach subdivision boundaries. The decision reinforced that private subdivision roads remain private property unless properly acquired by government through donation, purchase, or expropriation.