G.R. No. L-14652 - Gargantos vs. Tan Yanon

The late Francisco Sanz was the owner of a parcel of land measuring 888 square meters in the poblacion of Romblon, with buildings and improvements.
Sanz subdivided the lot into three portions and sold each to different persons.
One portion was sold to Guillermo Tengtio, who later sold it to Vicente Uy Veza.
Another portion, containing a house of strong materials with doors and windows on the northeastern side overlooking the third portion, was sold in 1927 to respondent Tan Yanon.
The third portion, including a camarin and a small building, passed through several owners and was eventually acquired by petitioner Juan Gargantos.

On April 23, 1955, Gargantos applied for and received a permit from the Municipal Mayor of Romblon to demolish the roofing of the old camarin, which he proceeded to tear down.
On May 11, 1955, Gargantos applied to the Municipal Council of Romblon for another permit to construct a combined residential house and warehouse on his lot.
Respondent Tan Yanon opposed the approval of this construction permit.

Despite recommendations from the provincial fiscal and district engineer to grant Gargantos’s permit, Tan Yanon filed a suit to restrain Gargantos from constructing any building that would obstruct light and view from the windows of his house. He demanded that any building be constructed at least three meters from the boundary line between the properties and sought to enjoin the Municipal Council from issuing the permit.
The case against the Municipal Council was dismissed with the consent of Tan Yanon’s counsel.
The Court of First Instance (CFI) of Romblon dismissed Tan Yanon’s complaint and ordered him to pay Gargantos damages.
On appeal, the Court of Appeals reversed the CFI decision, enjoining Gargantos from constructing any building unless it was set back three meters from the boundary line in accordance with Article 673 of the New Civil Code.
Gargantos filed a petition for review by certiorari seeking to overturn the Court of Appeals’ ruling.

Whether respondent Tan Yanon’s property enjoys an easement of light and view over petitioner Juan Gargantos’s property.
Whether the easement of light and view was acquired by respondent either by title or by prescription.
Whether petitioner Gargantos is legally prohibited from erecting a building nearer than three meters from the boundary line.