Eduardo Cuaycong v. Ramona Benedicto

Summary

Supreme Court reversed lower court's finding that Nanca-Victorias road was a public highway acquired by prescription. Plaintiffs, hacienda owners, claimed right to use road crossing defendants' Hacienda Toreno for transporting sugar products to market. Court held that 30-40 years of road use was merely permissive, based on owners' tolerance, not adverse possession required for prescription. Under Civil Code, acts of mere tolerance cannot establish prescriptive rights. Since defendants interrupted use in 1911 by collecting toll, before 10-year prescriptive period could complete under Code of Civil Procedure, no easement was acquired. Court dissolved injunction and dismissed action, establishing principle that permissive use of private property, however long-standing, does not create prescriptive rights without claim of title and adverse possession.