Case Digest (G.R. No. 227917)
Facts:
Spouses Rudy Fernandez and Cristeta Aquino v. Spouses Merardo Delfin and Angelita Delfin, G.R. No. 227917, March 17, 2021, Supreme Court Third Division, Leonen, J., writing for the Court.Petitioners Spouses Rudy Fernandez and Cristeta Aquino (the Fernandez Spouses) formerly owned five contiguous parcels in Bonuan Gueset, Dagupan City, two of which were front lots giving the three rear lots sole access to the national highway. In October 1980 the Fernandez Spouses caused annotations to be entered on the transfer certificates of title (TCT Nos. 41449 and 41450) of the front lots stating an "Easement of Road or Right of Way" one meter wide in favor of the rear lots (TCT Nos. 41451, 41452, 41453).
The Fernandez Spouses later mortgaged the front lots to the Philippine National Bank (PNB); upon default the bank foreclosed and acquired the front lots. Thereafter Spouses Merardo and Angelita Delfin (the Delfin Spouses) purchased the front lots from PNB and received new TCTs (Nos. 92271 and 92272) that bore the same easement annotations. Despite those annotations, the Delfin Spouses fenced the lots and denied petitioners access.
Petitioners sued in the Regional Trial Court (RTC), docketed Civil Case No. 2013-0115-D, for specific performance, right of way, and damages. Following an ocular inspection and interlocutory dealings in which the Delfin Spouses temporarily agreed to spare one meter on the northeastern portion pending settlement, the RTC (Judge Genoveva Coching-Maramba) rendered a July 28, 2014 Decision constituting a road right of way on the west side of Lots 2–6 in favor of the lots covered by TCT Nos. 41452 and 41453 and denied indemnity to the Delfins.
The Delfin Spouses appealed to the Court of Appeals (CA, Tenth Division). In its January 25, 2016 Decision, the CA reversed and set aside the RTC, dismissed the complaint, and held that no easement was constituted because the five parcels had once been owned by a single person and thus Article 624 did not apply; the CA treated the annotations as mere notice and found no voluntary easement due to the alleged conditional offe...(Subscriber-Only)
Issues:
- Was a valid easement of right of way constituted on the front properties now owned by Spouses Merardo and Angelita Delfi...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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