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CRESENCIA CRISTOBAL, ET AL, Petitioners
Vs
COURT OF APPEALS, Respondents
Facts:
Petitioners own a house and lot situated in Quezon City. When going to and from the public
road, the petitioners would use the Road Lot 2 owned exclusively by Cesar Ledesma. When
Visayas Avenue in Quezon City became operations, Ledesma filed a petition to convert Road
Lot 2 into a residential property which was subsequently sold to Pacione. Pacione then
enclosed the road with a concrete fence. Petitioners protested that they had no adequate
outlet and inlet to Visayas Avenue except through the property of Pacione, so they filed an
action for easement of right of way. Pacione objected contending that there is another way
leading to Visayas Avenue aside from his property.
Issue:
Should the action for easement of right of way be granted?
Ruling:
No. Articles 649 and 650 of the Civil Code provides for the conditions in order for easement of
right of way to be granted: (1) dominant estate is surrounded by other immovables and has
no adequate outlet to a public highway, (2) proper indemnity has been paid, (3) the isolation
was due to acts of the proprietor of the dominant estate, (4) the right of way claimed is at a
point lease prejudicial to the servient estate and is the shortest route from the dominant estate
to the public road.
Based on the facts, an alternative passageway may be used by the petitioners in going to and
from Visayas Avenue.
MA. FABIANA B. GARCIA
Juris Doctor V
