Case Digest: La Vista Association, Inc. vs. Court of Appeals G.R. No. 95252 I September 5, 1997

FACTS:

On 1 July 1949 the Tuasons sold to Philippine Building Corporation a portion of their landholdings by virtue of a Deed of Sale with Mortgage. The Deed provides that the boundary line between the property sold and the adjoining property of the Tuasons shall be a road fifteen (15) meters wide known as Mangyan Road, one-half of which shall be taken from the property sold to the Philippine Building Corporation and the other half from the adjoining portion belonging to the Tuasons.

On 7 December 1951 the Philippine Building Corporation sold, assigned and formally transferred in a Deed of Assignment with Assumption of Mortgage, with the consent of the Tuasons, the subject parcel of land to ATENEO which assumed the mortgage. The deed of assignment states that the Assignee ATENEO shall perform any and all terms and conditions set forth in the Deed of Sale with Mortgage.

On 10 May 1976, ATENEO offered to sell the property to the public subject to the condition that the right to use the 15-meter roadway will be transferred to the vendee who will negotiate with the legally involved parties regarding the use of such right as well as the development costs for improving the access road. La Vista was one of the bidders but it lost to Solid Homes, Inc. which subsequently developed a subdivision known as Loyola Grand Villas and claim to have an easement of right-of-way along Mangyan Road through which they could have access to Katipunan Avenue.

La Vista did not recognize the right of way over Mangyan Road arguing among others that Solid Homes, Inc., was no longer entitled to the right-of-way as Mangyan Road was established exclusively for ATENEO in whose favor the right-of-way was originally constituted. La Vista then constructed a one-meter high cylindrical concrete posts chained together at the middle of and along the entire length of Mangyan Road thus preventing the residents of Loyola from passing through.

ISSUE:

Whether or not there is an easement of right of way over Mangyan Road.

DECISION:

There exist an easement of right of way by virtue of a voluntary easement of right of way constituted by the Tuasons and the Philippine Building Corporation in 1949. Such voluntary easement, like any other contractual stipulations, cannot be extinguished except by voluntary recession of the contract establishing the servitude or renunciation by the owner of the dominant lots. Such easement is consequently recognized by the predecessors-in-interest of both parties. Thus, a right of way over Mangyan Road remains to exist.