Title
Calimoso vs. Roullo
Case
G.R. No. 198594
Decision Date
Jan 25, 2016
Respondent sought a right-of-way through petitioners' lot for access to a public road. SC ruled against it, finding the route least prejudicial was not met, favoring alternative paths to avoid property damage.
lack of evidence
alternative options
access
A

Case Summary (G.R. No. 198594)

Key Dates and Procedural Posture

Trial Court (RTC, Branch 29, Iloilo City) decision: September 29, 2003 — granted easement and fixed indemnity.
Court of Appeals decision: December 15, 2010 — affirmed the RTC; CA resolution denying reconsideration: August 23, 2011.
Supreme Court disposition: Final review on certiorari; Supreme Court reversed the CA and RTC and dismissed the complaint without prejudice to refiling against proper parties (decision rendered under the 1987 Constitution).

Facts as Pleaded and Contested

Respondent alleged ownership of Lot 1462‑C‑1 which is surrounded by other estates and has no access to a public road; the nearest practical public road is the Fajardo Subdivision Road and the shortest access path to it crosses petitioners’ Lot 1454‑B‑25. Petitioners opposed establishment of the easement through their lot on the ground that it would substantially damage two houses standing on their property and asserted alternative routes: (1) an existing wooden bridge over Sipac Creek bounding the respondent’s lot (which could be made concrete), and (2) other vacant lots which could be traversed. Petitioners also counterclaimed that respondent’s suit was malicious and groundless and sought moral, exemplary damages, attorney’s fees, appearance fee, and litigation expenses.

Trial Court Ruling

The RTC granted respondent’s complaint and ordered an easement of right‑of‑way measuring 14 meters by 3 meters (42 sq.m., more or less) over petitioners’ Lot 1454‑B‑25 at the portion adjoining the bank of Sipac Creek. The RTC required respondent to indemnify petitioners at Php1,500.00 per square meter for the portion subject to the easement.

Court of Appeals Ruling and Reasoning

The CA affirmed the RTC in toto, finding that the four requisites for a compulsory easement of right‑of‑way were present: (1) the dominant estate (respondent’s) is surrounded by other immovables and lacks adequate outlet to a public highway; (2) respondent offered payment of proper indemnity; (3) the isolation of the dominant estate was not due to acts of its owner; and (4) the chosen right‑of‑way was at the point least prejudicial to the servient estate and, insofar as consistent with that rule, provided the shortest distance to a public road. The CA emphasized that the route through petitioners’ lot (about 14 meters) was the shortest to Fajardo Subdivision Road and that the impact would be limited (primarily affecting a nipa hut). The petitioners’ motion for reconsideration before the CA was denied on the ground that additional assertions of damage had not been raised or proven at trial.

Issues Presented to the Supreme Court

(a) Whether respondent met all requisites required for establishment of a legal/compulsory easement of right‑of‑way over petitioners’ lot; (b) whether the easement as established was at the point least prejudicial to the servient estate; and (c) whether other surrounding lots could provide alternative rights‑of‑way.

Governing Legal Standard — Requisites for Compulsory Easement

The Court reiterated the four‑part test for entitlement to an easement of right‑of‑way: (1) the dominant estate is surrounded by other immovables and lacks adequate outlet to a public highway; (2) proper indemnity is paid; (3) the isolation was not caused by the dominant estate’s proprietor; and (4) the right‑of‑way must be established at the point least prejudicial to the servient estate and, insofar as consistent with that rule, where the distance to the public highway may be shortest (Article 650 Civil Code; Article 613 defined dominant/servient estates). Where the shortest route and the least damage do not coincide, prior jurisprudence directs that the least prejudice to the servient estate prevails over mere shortness of distance.

Supreme Court Analysis Applying the Standard to the Case

The Court accepted that the first three requisites were met: respondent’s lot was landlocked, respondent offered indemnity, and the isolation was not self‑induced. The dispositive question was the fourth requisite: whether the easement through petitioners’ lot was at the point least prejudicial to the servient estate. The Court identified three available routes: (1) direct passage through petitioners’ lot (approx. 14 meters to Fajardo Subdivision Road); (2) passage through two vacant lots (Lots 1461‑B‑1 and 1461‑B‑2) to Diversion Road (approx. 43 meters); and (3) building a concrete bridge over Sipac Creek and securing access through a third party’s property (Mr. Basa) to reach Fajardo Road. The CA favored option (1) because it was shortest and, in the CA’s view, would only affect a nipa hut. The Supreme Court, however, examined the evidence (including trial record photos) showing that the proposed easement would destroy a wire fence and a semi‑concrete house on petitioners’ property. Given that an alternative route (option (2)) traversed vacant lots and would cause no damage to constructions on the servient estate, the Supreme Court concluded that the easement through petitioners’ lot, despite being shorter, was not the point lea

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