Spouses Jesus and Aida Castro Vs. Spouses Felimon and Lorna Esperanza G.R. No. 248763. March 11, 2020

Spouses Jesus and Aida Castro Vs. Spouses Felimon and Lorna Esperanza G.R. No. 248763. March 11, 2020

Amy Lazaro Javier

https://sc.judiciary.gov.ph/13131/

Issues
Do respondents have the right to use the foot path as ingress and egress and the requisite standing as well to pray that petitioners remove the fence they constructed to close off the foot path? Generally, the owner of an estate may claim a legal or compulsory right of way only after he or she has established the existence of these four (4) requisites: (a) the estate is surrounded by other immovables and is without adequate outlet to a public highway; (b) after payment of the proper indemnity; (c) the isolation was not due to the proprietor's own acts; and (d) the right of way claimed is at a point least prejudicial to the servient estate. The fact that an easement by grant may have also qualified as an easement of necessity does not detract from its permanency as a property right, which survives the termination of the necessity. Verily, the respondents had the right and legal standing to seek a writ of mandatory injunction against petitioners, who had no authority to close off the foot path from general use.

Decisions
ACCORDINGLY, the petition is DENIED. The assailed Decision dated July 12, 2019 of the Court of Appeals in CA-G.R. CV No. 05047-MIN is AFFIRMED with MODIFICATION deleting the award of attorney's fees.