Title
Privatization and Management Office vs. Legaspi Towers 300, Inc.
Case
G.R. No. 147957
Decision Date
Jul 22, 2009
Caruff's mortgaged property was foreclosed; Legaspi Towers claimed easement for generator and pumps. SC ruled no easement, ordered removal and rent payment.

Case Summary (G.R. No. 203697)

Factual Background

Caruff Development Corporation secured a loan from the Philippine National Bank (PNB) in December 1975 to finance the construction of a condominium complex, mortgaging three parcels of land as collateral. Following the construction of the Legaspi Towers 300 condominium, Caruff defaulted on the loan, prompting PNB to foreclose and acquire certain properties during a sheriff's auction in January 1985.

Relevant Administrative Orders

Subsequent to the foreclosure, Proclamation No. 50 was issued to facilitate the privatization of government assets, leading to the creation of the Asset Privatization Trust (APT). APT, as the assignee of PNB, acquired all rights and titles regarding Caruff’s receivables, including the properties involved in the dispute. A Compromise Agreement was subsequently entered into by Caruff, PNB, and the National Government through APT, wherein Caruff agreed to transfer certain parcels, including a lot used for the construction of a powerhouse and sump pumps.

Procedural History

In 1989, Legaspi Towers filed a case in the RTC seeking to declare the existence of an easement due to the construction of the powerhouse and sump pumps on the adjacent property. APT contested this claim, arguing that Legaspi Towers had no cause of action against it as it was a transferee of the land and that its use constituted illegal encroachment.

Regional Trial Court Decision

The RTC ruled in favor of Legaspi Towers, declaring the existence of an easement over the portion of the property on which the powerhouse and sump pumps were built. This decision was appealed by APT to the Court of Appeals (CA), which affirmed the RTC ruling, prompting APT to file a Petition for Review before the Supreme Court.

Supreme Court Arguments

The PMO argued against the existence of an easement, claiming that the generator set and sump pumps were merely improvements and did not constitute a legal easement. They contended that respondent had no legal basis for claiming an easement and that Caruff had intended to convey the property free from encumbrances. The respondent maintained that the permanent nature of the installation of the structures indicated Caruff's intent to establish a voluntary easement for their benefit.

Legal Basis and Conclusion

The Supreme Court, referencing the Civil Code, clarified that for an easement to exist, it must be constituted on another's property for the benefit of a different estate. Since both the condominium and the properties where the generator set and sump pumps were constructed were owned by Caru

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