Case Summary (G.R. No. 165266)
Key Dates
• July 1, 1949 – Deed of Sale with Mortgage (Tuasons→Philippine Building Corp.)
• December 7, 1951 – Deed of Assignment (Phil. Building Corp.→Ateneo)
• June 6, 1952 – Sale of western portion to Maryknoll
• 1976 – Ateneo’s subdivision plans; La Vista’s offer and conditioning of easement extinguishment; Ateneo’s sale to Solid Homes, Inc.
• December 17, 1976 – Solid Homes, Inc. files for injunction
• November 20, 1987 – RTC decision recognizing easement
• April 20, 1988 – SC dismisses preliminary injunction appeal as moot
• September 21, 1989 – CA resolution enforces right-of-way, denies contempt motions
• May 22, 1990 – CA decision (Second Division) affirms RTC on merits
• June 22, 1998 – SC final decision affirming CA
Applicable Law
• 1987 Philippine Constitution (decision date post-1990)
• New Civil Code: Articles 619, 625 (Voluntary easement); Article 1306 (Autonomy of contract)
• Rules of Court: Rule 58 (preliminary vs. final injunctions), Rule 19 (intervention)
Factual Background
- Boundaries Established by Contract
• The 1949 Deed of Sale mandated a 15 m roadway as boundary: 7.5 m from vendor (Tuasons) and 7.5 m from vendee (Philippine Building Corp.).
• The 1951 assignment to Ateneo incorporated all obligations, including the 7.5 m dedication. - Early Encroachments and Settlements
• Maryknoll’s 1952 wall encroached half the roadway; Tuasons sued and Maryknoll restored full width.
• Ateneo erected a boundary wall instead of roadway improvements. - 1976 Developments and Sale to Solid Homes
• La Vista acknowledged mutual easements in correspondence but conditioned any purchase on their extinguishment.
• Ateneo’s public sale to Solid Homes, Inc. expressly transferred right-of-way privileges, subjecting development and maintenance costs to the buyer. - Obstruction and Litigation
• La Vista installed concrete posts and barred Loyola residents from using Mangyan Road.
• Solid Homes destroyed barriers, prompting mutual contempt threats and Solid Homes’ suit for injunctive relief.
Procedural History
• Trial Court (RTC Br. 89) granted final injunction (Nov 20, 1987), declaring an easement in favor of Solid Homes and awarding attorney’s fees.
• IAC nullified the preliminary injunction (May 31, 1985) but SC later deemed that moot.
• CA (First motion resolution, Sept 21, 1989) enforced unobstructed passage and denied contempt motions; Second Division (May 22, 1990) affirmed the RTC on merits.
• SC (June 22, 1998) dismissed pending petitions as moot or lacking abuse of discretion and affirmed CA’s judgment on the merits.
Issue
Does a valid voluntary easement of right-of-way exist over Mangyan Road in favor of Solid Homes, Inc., and its successors, enforceable against La Vista and Ateneo?
Legal Analysis
- Nature of Easement
• A voluntary easement arises from the manifest will of parties by agreement.
• The 1949 Deed of Sale, 1951 Assignment, 1976 sale to Solid Homes and related correspondence conclusively demonstrate the parties’ intention to create reciprocal rights of passage. - Preliminary vs. Final Injunction
• Preliminary injunctions are interlocutory and based on incomplete evidence; final injunctions follow a merits trial and constitute a judgment under Rule 58, Section 10.
• Prior SC decisions on preliminary injunctions did not preclude litigation of the merits in this case; res judicata attaches only upon final, on-the-merits judgments. - Extinguishment and Necessity
• Voluntary easements endure beyond extinguished necessity or alternat
Case Syllabus (G.R. No. 165266)
Background of Mangyan Road and Property Conveyances
- Mangyan Road is a 15‐meter wide boundary thoroughfare in Quezon City, abutting Katipunan Avenue, separating La Vista Subdivision from Ateneo de Manila University and Maryknoll College.
- Originally part of a large Tuason estate; on July 1, 1949, the Tuasons sold 1,330,556 sqm to Philippine Building Corporation, stipulating in paragraph 3 that the boundary between vendor’s and vendee’s land be a 15-meter road, half from each party’s lot.
- On December 7, 1951, Philippine Building Corporation, for and on behalf of Ateneo, assigned that parcel and its mortgage to Ateneo, expressly assuming all terms of the 1949 Deed of Sale.
Creation of Easement by Contract
- Paragraph 3 of the 1949 Deed of Sale with Mortgage established a mutual easement of right-of-way over Mangyan Road, each party contributing 7.5 meters.
- In 1952 Ateneo sold the western half of its share to Maryknoll, which built a wall on the centerline of the road, prompting Tuasons to sue for restoration of the full 15-meter width.
- Maryknoll removed the wall and restored the road in an amicable settlement; Ateneo erected its own wall pending development, while La Vista (Tuasons’ subdivision) developed its 7.5-meter half.
Developments and Disputes Over Road Use
- On January 30, 1976, Ateneo informed La Vista of its plan to subdivide 16 hectares along Mangyan Road; La Vista’s president responded that the mutual easement existed by virtue of the 1949 deed.
- On April 28, 1976, La Vista offered to buy Ateneo’s property, conditioning the purchase on extinguishment of the mutual right-of-way.
- Ateneo declined and, on May 10, 1976, offered to sell to the public, conditioning the sale on transferee’s assumption of road rights and development obligations.
Sale to Solid Homes and Subsequent Obstruction
- La Vista lost the public bidding; on October 29, 1976, Ateneo sold the 124,424 sqm to Solid Homes, Inc., expressly transferring its right-of-way privileges while reserving its own perpetual easement and requiring transferee to bear all improvement costs.
- Solid Homes developed Loyola Grand Villas and claimed access via Mangyan Road; La Vista denied such right, arguing A