Title
Spouses Pilapil vs. Court of Appeals
Case
G.R. No. 97619
Decision Date
Nov 26, 1992
A land dispute over a camino vecinal's location between two families in Liloan, Cebu, resolved by the Supreme Court favoring the Pilapils based on the Municipality's Urban Land Use Plan.

Case Summary (G.R. No. L-533)

Property Details

The Pilapils own a parcel of land encompassing 6,598 square meters, covered by Tax Declaration No. 15067, situated in Bahak, Poblacion, Liloan. The parcel corresponds to Lots No. 320 and 323 and was previously owned by Marcelo Pilapil, the petitioner's grandfather. The Colomidas acquired a nearby parcel, also located in Bahak and covered by Tax Declaration No. 19764, with dimensions of 10,910 square meters, leading to claims of an alleged camino vecinal traversing the Pilapils' property.

Legal Proceedings Initiation

The conflict initiated in July 1981 when the Colomidas sought to improve a road leading to the National Road, claiming it served as a camino vecinal. The Pilapils, however, allegedly harassed the Colomidas in this endeavor, prompting the Colomidas to file a petition for injunction and damages before the Regional Trial Court (RTC) of Cebu, designated as Civil Case No. R-20732.

Claims and Defenses

The Colomidas' petition asserted that, regardless of whether a camino vecinal could be proven, they were entitled to a right of way under Articles 649 to 651 of the Civil Code, considering it their only access to the highway. The Pilapils, in their defense, denied the existence of such a road, claiming their right to enclose their property and alleging damage from unauthorized entry by the Colomidas.

Trial Court Findings

During the trial, the Colomidas presented witnesses and evidence, including a resolution from the Municipal Council of Liloan authorizing repairs on the camino vecinal. The trial court ultimately ruled in favor of the Colomidas, enforcing the existence of the camino vecinal across the Pilapils' lots.

Appeals and Legal Reasoning

The Pilapils appealed the ruling to the Court of Appeals (CA-G.R. CV No. 17235), contending that the trial court erred in establishing that a camino vecinal traversed their property and in awarding damages. The Court of Appeals upheld the trial court's decision, primarily affirming the credibility of testimonies supporting the existence of the camino vecinal.

Supreme Court Review

The Supreme Court focused on two key questions: whether a camino vecinal exists in Sitio Bahak and if it traverses the Pilapils' property. It noted that both parties acknowledged the existence of a camino vecinal but disputed its location. The Court highlighted procedural deficiencies, suggesting that the lo

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