SPS WILLIAMS v. ZERDA

SPOUSES LARRY AND ROSARITA WILLIAMS, Petitioners  vs RAINERO A. ZERDA, Respondent
G.R. No. 207146
March 15, 2017


FACTS:

Respondent Rainero A. Zerda (Zerda) was the owner of a parcel of land, known as Lot No. 1177-B (dominant estate) of the Surigao Cadastre, situated in Barangay Lipata, Surigao City, with an area of 16,160 square meters (sq. m.), and covered by Transfer Certificate of Title (TCT) No. T- 18074. Immediately behind the dominant estate was Lot No. 7298, a swampy mangrove area owned by the Republic of the Philippines. On both sides were Lot No. 1177-C, registered under the name of Woodridge Properties, Inc. and Lot No. 1206, in the name of Luis G. Dilag. In front was Lot No. 1201-A owned by petitioner-spouses Larry and Rosarita Williams (Spouses Williams), where the national highway ran along. On July 28, 2004, Zerda filed a complaint against Spouses Williams for easement of right of way. The complaint alleged that Zerda's lot was without adequate outlet to a public highway, that it could not be accessed except by passing through Spouses Williams' property; that the isolation of Zerda's property was not due to his own acts, as it was the natural consequence of its location; that the right of way he was claiming was at a point least prejudicial to Spouses Williams' property; and that on January 27, 2004, Zerda wrote to Spouses Williams formally asking them to provide him with right of way, for which he was willing to pay its reasonable value or to swap a portion of his property, but Spouses Williams refused.

Spouses Williams countered that the complaint should be dismissed for lack of cause of action because Zerda failed to establish the requisites for the existence of right of way. RTC ruled in favor of Spouses Williams. On November 28, 2012 Decision, the CA reversed and set aside the ruling of the RTC.


ISSUE:

WHETHER RESPONDENT ZERDA IS ENTITLED TO AN EASEMENT OF RIGHT OF WAY.


RULING:

The conferment of the legal easement of right of way is governed by Articles 649 and 650 of the Civil Code: ART. 649. The owner, or any person who by virtue of a real right may cultivate or use any immovable, which is surrounded by other immovables pertaining to other persons and without adequate outlet to a public highway, is entitled to demand a right of way through the neighboring estates, after payment of the proper indemnity. Should this easement be established in such a manner that its use may be continuous for all the needs of the dominant estate, establishing a permanent passage, the indemnity shall consist of the value of the land occupied and the amount of the damage caused to the servient estate.

In case the right of way is limited to the necessary passage for the cultivation of the estate surrounded by others and for the gathering of its crops through the servient estate without a permanent way, the indemnity shall consist in the payment of the damage caused by such encumbrance.

This easement is not compulsory if the isolation of the immovable is due to the proprietor's own acts. ART. 650. The easement of right of way shall be established at the point least prejudicial to the servient estate, and, insofar as consistent with this rule, where the distance from the dominant estate to a public highway may be the shortest. Even assuming that the right of way being claimed by the respondent is not the shortest distance from the dominant estate to the public highway, it is well-settled that "[t]he criterion of least prejudice to the servient estate must prevail over the criterion of shortest distance although this is a matter of judicial appreciation. xxx In other words, where the easement may be established on any of several tenements surrounding the dominant estate, the one where the way is shortest and will cause the least damage should be chosen. If having these two (2) circumstances do not concur in a single tenement, the way which will cause the least damage should be used, even if it will not be the shortest." As previously discussed, the right of way claimed by the respondent is at a point least prejudicial to the servient estate. WHEREFORE, the petition is DENIED.