G.R. No. 201405 - Andres vs. Sta. Lucia Realty and Development, Inc.

Liwayway Andres, Ronnie Andres, and Pablo B. Francisco, Petitioners, with co-plaintiff Liza Andres, filed a Complaint for Easement of Right-of-Way against Sta. Lucia Realty & Development, Incorporated, Respondent on November 28, 2000 before the Regional Trial Court (RTC), Binangonan, Rizal, Branch 68.
Petitioners sought a 50-square meter right-of-way through respondent's subdivision to access Col. Guido Street, a public road.

The subject property consisted of three parcels of unregistered agricultural land in Pag-asa, Binangonan, Rizal, with a total area of more or less 10,500 square meters.
Petitioners alleged co-ownership and continuous possession of the subject property for more than fifty years.
An April 13, 1998 Barangay Certification was offered by petitioners to show continued possession.

Pablo testified he purchased a 4,000-square meter portion of the subject property from Carlos Andres, husband of Liwayway and father of Ronnie and Liza.
Petitioners presented a Sinumpaang Salaysay executed by Carlos describing long possession by his family since before his birth and efforts to register the property and declare it for taxation.
Petitioners submitted Carlos's May 18, 1998 letter to the Municipal Assessor requesting issuance of a tax declaration and the Provincial Assessor's August 5, 1998 reply denying the request on the ground that a tax declaration had been previously issued in the name of Juan Diaz and later in the name of the Blancos.

In its Answer, respondent denied knowledge of any property adjoining its subdivision owned by petitioners and Liza and challenged the sufficiency of the allegations to support an easement claim.
Respondent presented Virgilio Flordeliza, then Municipal Assessor of Binangonan, who confirmed Carlos's request for a tax declaration and explained that the Provincial Assessor had issued a tax declaration in the name of the Blancos, prompting denial of Carlos's application.

The RTC, in its May 22, 2006 Decision, observed respondent did not deny petitioners' allegation of more than fifty years' possession and deemed that allegation impliedly admitted.
The RTC concluded petitioners acquired ownership by extraordinary prescription under Article 1137 of the Civil Code and, as owners, were entitled to demand an easement of right-of-way under Article 649.
The RTC found Pablo's testimony established the right-of-way's location and area, the value at P600.00 per square meter, and continued possession, and ordered respondent to grant a 50-square meter right-of-way upon payment of indemnity equivalent to the market ...(Subscriber-Only)

Whether petitioners are entitled to demand an easement of right-of-way from respondent.

Whether petitioners established ownership of the subject property by ordinary acquisitive prescription under Article 1134 (ten years with good faith and just title) or by extraordinary acquisitive prescription under Article 1137 (thirty years adverse possession without need of title or good faith).
Whether the subject property, being unregistered agricultural land, is susceptible of acquisition by prescri...(Subscriber-Only)