Case Digest (G.R. No. 191545)
Facts:
In Simeon Floro v. Orlando A. Llenado, G.R. No. 75723, decided on June 2, 1995 under the 1987 Constitution, petitioner Simeon Floro owned the Floro Park Subdivision in Barangay Saluysoy, Meycauayan, Bulacan, with ingress and egress to MacArthur Highway via Road Lots 4 and 5. Respondent Orlando A. Llenado (later substituted by his wife Wenifreda as administratrix and legal guardian of their minor children) held title to the adjacent Llenado Homes Subdivision, consisting of two parcels totalling approximately 34,573 square meters, originally approved under the Emmanuel Homes Subdivision plan. Although a proposed access road through Marcial Ipapo’s riceland was duly provided in the approved plan, no physical road was developed. In February 1983 Floro granted Llenado verbal permission to use Road Lots 4 and 5 without compensation; on April 7, 1983, Floro barricaded Road Lot 5. Llenado filed Civil Case No. 6834-M in the Regional Trial Court of Malolos, Bulacan, seeking easement of riCase Digest (G.R. No. 191545)
Facts:
- Background of Properties and Parties
- Simeon Floro owned Floro Park Subdivision in Barangay Saluysoy, Meycauayan, Bulacan, with existing ingress/egress via Road Lots 4 and 5 to MacArthur Highway.
- Orlando A. Llenado (later substituted by his administratrix-wife Wenifreda T. Llenado) owned Llenado Homes Subdivision (formerly Emmanuel Homes Subdivision) of 34,573 sq. m., bounded by Palanas Creek and adjacent ricelands, lacking actual road access but with a proposed access road over Marcial Ipapo’s riceland in the duly approved subdivision plan.
- Verbal Permission and Barricade
- February 1983: Floro verbally permitted the Llenados to use Road Lots 4 and 5 for passage, without agreed compensation and pending formal easement papers.
- April 7, 1983: Floro barricaded Road Lot 5 with rocks and posts, prompting the Llenados to seek reopening.
- Judicial Proceedings
- April 13, 1983: Civil Case No. 6834-M filed by Llenado for easement of right of way with prayer for preliminary mandatory injunction; RTC Branch XIX granted injunction on July 15, 1983, upon P100,000 bond. Floro’s motions for reconsideration denied; he filed and withdrew a CA petition, which closed the case on March 30, 1984.
- October 16, 1984: On merits, the RTC dismissed Llenado’s complaint for lack of merit, lifted the injunction, and ordered Llenado to pay Floro P30,000 actual damages, P77,500 compensation for use, P15,000 attorney’s fees, and costs.
- February 11, 1986: CA reversed, granting compulsory easement over Road Lots 4 and 5, ordering removal of obstructions, awarding Llenado P60,000 temperate damages, P100,000 moral damages, P30,000 attorney’s fees, and indemnity of P60,000 to Floro; costs.
- August 14, 1986: CA denied Floro’s motions for reconsideration, granted Llenado’s partial execution pending appeal to remove barricades upon P100,000 bond.
- October 29, 1986: SC issued restraining order enjoining enforcement of the CA’s writ of partial execution; petition for certiorari under Rule 45 of the Rules of Court ensued.
Issues:
- Whether the verbal permission granted by Floro in February 1983, without agreed compensation and pending formal papers, constituted a valid voluntary contract of easement of right of way.
- Whether the owner/developer of Llenado Homes Subdivision could compel a compulsory easement of right of way over an adjacent subdivision’s existing roads instead of developing its own approved access road.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)