Case Summary (G.R. No. 116100)
Procedural History Below
– 1982: Mabasa filed for compulsory easement of right of way against petitioners before RTC-Pasig.
– Pacífico Mabasa died during litigation; substituted by spouse and children.
– 1990: RTC granted the right of way, ordered petitioners to allow permanent ingress and egress, and awarded Mabasa P 8,000 as indemnity.
– 1993: CA affirmed the easement but increased damages to P 65,000 actual, P 30,000 moral, and P 10,000 exemplary.
Issues on Certiorari
- Whether petitioners are estopped or barred from contesting the grant of right of way.
- Whether the Court of Appeals properly awarded damages.
Bar to Relitigation of Easement Grant
Petitioners did not appeal the RTC’s decision on the right of way. Under the rule that an appellee who does not appeal cannot secure affirmative relief beyond the lower court’s grant, the easement adjudication became final as to petitioners. Thus, the Supreme Court declined to revisit the propriety of the compulsory easement.
Legal Basis for Damages Award
Damages require both (a) a wrongful or injurious act (injuria) and (b) actual loss or harm (damnum). Mere loss, absent a violation of a legal duty, is damnum absque injuria and does not support recovery.
Application to the Case
Petitioners lawfully exercised their ownership right by enclosing their land. No preexisting servitude or legal duty forbade such fencing. Prior to the RTC’s compulsory easement order, petitioners had absolute dominion over their property. Tenant losses from being unable to use the narrow passage were incidental
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Facts of the Case
- Original plaintiff Pacifico Mabasa acquired in September 1981 a parcel of land with a two‐door apartment at Interior P. Burgos St., Palingon, Tipas, Taguig, Metro Manila, by contract of sale from spouses Mamerto Rayos and Teodora Quintero.
- The property is bordered on one side by Cristino and Brigida Custodio’s house, then Lito and Maria Cristina Santos’s house, then Ofelia Mabasa’s house; on the opposite side are Rosalina Morato’s property and a septic tank.
- Two access routes to P. Burgos Street existed: (a) a first passageway approximately one meter wide and 20 meters long; (b) a second passageway about three meters wide and 26 meters long, which included a narrow path through the septic tank.
- In February 1982, defendants Santos and Morato erected adobe fences that narrowed and eventually enclosed the first passageway, prompting tenants to vacate the apartment.
- Defendant Maria Cristina Santos testified her motive was to prevent incidents (e.g., her daughter being dragged by a bicycle) and other nuisances caused by tenants.
Procedural History
- August 26, 1982: Pacifico Mabasa filed Civil Case No. 47466 for an easement of right of way before the Regional Trial Court of Pasig (Branch 22).
- During the case, Pacifico Mabasa died and was substituted by his spouse Ofelia Mabasa and children.
- February 27, 1990: Trial court ordered defendants Custodios and Santoses to grant plaintiff permanent ingress and egress to the public street and awarded them ₱8,000 as indemnity; each party to