Case Digest (G.R. No. 116100)
Facts:
In Spouses Cristino and Brigida Custodio and Spouses Lito and Maria Cristina Santos v. Court of Appeals, Pacifico C. Mabasa (later substituted by his heirs) filed Civil Case No. 47466 on August 26, 1982 before the Regional Trial Court of Pasig, Branch 22, seeking an easement of right of way over properties owned by petitioners Cristino and Brigida Custodio, Lito and Maria Cristina Santos, and Rosalina Morato. Mabasa had acquired a two-door apartment on P. Burgos Street, Taguig in September 1981, surrounded on the left by the Custodio and Santos residences and on the right by Morato’s land and a septic tank. Two access paths existed: a one-meter-wide, 20-meter route between the row of houses, and a three-meter-wide, 26-meter route through the septic tank. In February 1982, the Santoses erected an adobe fence narrowing the first passage, and Morato extended her fence to completely close it, prompting Mabasa’s tenants to vacate. On February 27, 1990, the trial court ordered the CusCase Digest (G.R. No. 116100)
Facts:
- Initiation of case and substitution of parties
- On August 26, 1982, Pacifico Mabasa filed Civil Case No. 47466 for an easement of right of way against Cristino and Brigida Custodio, Rosalina Morato, Lito Santos and Maria Cristina Santos before the RTC of Pasig, Branch 22.
- Pacifico Mabasa died during the pendency of the case and was substituted by his surviving spouse, Ofelia Mabasa, and their children.
- Description of the property and existing access routes
- The plaintiff owned a parcel with a two-door apartment at Interior P. Burgos St., Palingon, Tipas, Taguig, bounded on the left by the Custodios’ and Santoses’ properties and on the right by Rosalina Morato’s lot and a septic tank.
- Two access routes existed:
- A 1-meter-wide path about 20 meters long between adjacent houses.
- A 3-meter-wide path about 26 meters long, partly through a septic tank area requiring traversal of a narrow segment.
- Construction of fences and vacancy of tenants
- In February 1982, the Santoses erected an adobe fence along the first passageway, later extended by Morato, completely blocking it.
- The closure prompted the remaining tenants to vacate, leading plaintiff to claim loss of rental income.
- Decisions of the trial court and Court of Appeals
- On February 27, 1990, the RTC ordered defendants Custodios and Santoses to grant permanent ingress and egress and awarded them ₱8,000 as indemnity for the easement.
- On November 10, 1993, the CA affirmed the easement grant but modified the award, ordering defendants to pay plaintiffs ₱65,000 actual damages, ₱30,000 moral damages, and ₱10,000 exemplary damages; the CA denied reconsideration on July 8, 1994.
- Petition for review on certiorari
- Petitioners (the Custodios and Santoses) elevated the case to the Supreme Court, raising two issues: the propriety of the right-of-way grant and the validity of the CA’s award of damages.
- The Supreme Court consolidated the issues, finding the first issue barred and taking up only the question of damages.
Issues:
- Whether petitioners may challenge the propriety of the trial court’s grant of a right of way despite not appealing that part of the decision.
- Whether the Court of Appeals correctly awarded actual, moral, and exemplary damages to private respondents.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)