Dumangas v. Bishop of Jaro, 34 Phil.

541
G.R. No. L10778, March 29, 1916

Facts:

The municipality of Dumangas, Province of Iloilo, petitioned the CFI of Ilo-Ilo the registration of
six parcels of land totalling 41 sqm land is located in the Barrio of Balabag, Dumangas, Iloilo of
which said municipality claimed to be the absolute owner and in possession since time
immemorial.

The application for registration was opposed by the Roman Catholic Bishop of Jaro. They
contend that the said lots absolutely and exclusively belonged to the Roman Catholic Apostolic
Church, which had been in quiet and peaceable possession of same since time immemorial.

It to have been duly proven that the disputed lot 1 of parcel 4, is adjacent to the same wall that
forms the side of the church in which there is a side door that serves as passage for the faithful
and that in order to do so they are compelled to cross the subject land.

But, I is also conclusively proven that the Mun. of Dumangas has been in the possession of the
lot and have performed thereon acts of undisputable ownership erecting flag staff, use of land
as corral, a place for posting posters, building a theater, a school and even a cockpit and a
billiard hall. At present private several houses are erected by private parties who pays rental to
the Municipality.

Issue: Who owns the land? What right does the Church have, if any?

Ruling and Ratio:

The Municipality of Dumangas is the owner. SC affirmed the decision of CFI- Iloilo ordering the
inscription in registry of the property in their name.

But in view of the time that has elapsed since the church was built and during which period the
municipality has not prohibited the passage over the land by the persons who attend services
customarily held in said church, it is evident that the Church has acquired a right to such use by
prescription - not only by the church, but also by the public. The easement of right of way shall
be understood to be to such extent as may be necessary for the transit of persons and four-
wheeled
vehicles.

There are good grounds for presuming that in apportioning lands at the time of the
establishment of the pueblo of Dumangas and in designating the land adjacent to the church as a
public square, this latter was impliedly encumbered with the easement of a right of way to allow
the public to enter and leave the church (I accordance with Art. 567 of C.C.)
Ronquillo v. Roco, 63 Phil. 86
G.R. No. L10619, February 28, 1958

Facts:

The plaintiffs (Ronquillo, et. al) alleged that they have been in the continuous and uninterrupted
use of a road or passage way which traversed the land of the defendants (Roco et, al) and their
predecessors in interest, in going to Igualdad Street and the market place of Naga City, from
their residential land and back. They claimed that have been long recognized and respected the
private legal easement of road right of way (20 years).

On May 12, 1953, the defendants and their men constructed a chapel in the middle of the said
right of way which, accordingly has impeded, obstructed and disturbed the continuous exercise
of the rights of the plaintiffs over said right of way.

On July 10, 1954 defendants planted wooden posts, fenced with barbed wire and closed
hermitically the road passage way and their right of way against the plaintiffs protests and
opposition. This prevented the plaintiffs from going to or coming from their homes to Igualdad
Street and the public market of the City of Naga.

Issue: Whether or not the easement of right of way can be acquired thru prescription.

Held:

No. The decision in this case apparently contradicted the jurisprudence established in Dumagas
v. Bishop of Jaro that an easement of right of way can be acquired thru prescription.

The majority of the Justices (this is an en banc proceeding) is in the opinion that an easement
of right of way though it may be apparent is, nevertheless, discontinuous or intermittent
and, therefore, cannot be acquired through prescription, but only by virtue of a title.

Under the New Civil Code, easements may be continuous discontinuous (intermittent),apparent
or non-apparent, discontinuous being those used at more or less long intervals and which
depend upon acts of man (Articles 615). Continuous and apparent easements are acquired
either, by title or prescription, continuous non-apparent easements and discontinuous ones
whether apparent or not, may be acquired only by virtue of a title (Articles 620 and622)

Under the provisions of the Civil Code, particularly the articles thereof aforecited, it would
therefore appear that the easement of right of way maynot be acquired through prescription.
Even Article 1959 of the Old Civil Code providing for prescription of ownership and other real
rights in real property, excludes there from the exception established by Article 539, referring
to discontinuous easements, such as, easement of right of way.
Amor v. Florentino, 74 Phil. 404
G.R. No. L48384, October 11, 1943

Facts:

Over 50 years ago, Maria Florentino owned a house and a warehouse in Vigan, Ilocos Sur. The
house had and still has, on the north side, three windows on the upper story, and a fourth one
on the ground floor. Through these windows the house receives light and air from the lot where
the warehouse stands.

In 1985 she transferred the house and land it is built-on by will to Gabriel Florentino and to Jose
Florentino (respondents). While the warehouse and the land it is built-on was transferred to
Encarnacion Florentino. Upon the death of Maria Florentino, nothing was done in regard to the
windows in question.

In 1911, Encarnacion sold here lot and warehouse to Severo Amor (petitioner). Who destroyed
the warehouse to build a two-story warehouse.

The respondents filed an action to prohibit petitioner from building the new warehouse higher
than the original one because it will shut-off the light and air that had for many years been
received through the windows mentioned.

Issue: Whether or not there is an easement which prohibits Amor from doing the
aforementioned construction (**in accordance with the Civil Code).

Held:

Yes. The easement involved in this case is of two aspects: light and view and altius non tollendi.
These two aspects necessarily go together because an easement of light and view prevents the
owner of the sevient estate from building to a height that will obstruct the windows.

Article 541 applies to a division of property by succession. Easement are established by law or
by will of the owners or by title.

At the time the devisees took possession of their respective portions of the inheritance, neither
the respondents nor Maria Encarnacion Florentino said or did anything with respect to the four
windows of the respondents' house. The respondents did not renounce the use of the windows,
either by stipulation or by actually closing them permanently.

The easement was therefore created from the time of the death of the original owner of both
estates, so when petitioner bought warehouse and the land where it is construted from
Encarnancion, the burden of this easement continued on the real property so acquired because
according to Article 534, easements are inseparable from the estate to which they actively or
passively pertain.

**Amor failed to prove that the death of the testator occurred before the effectivity of the Old Civil Code. The
facts show that it happened after the effectivity of the said code so the law on easement is already applicable.
In any case, even if we assume Amors supposition, the law on easement was already integrated into the
Spanish Law and in fact, had been established by Jurisprudence.
Therefore, Amor is prohibitied from constructing the warehouse above the level of the window. [The issue
includes question as to the applicability of the Old Civil Code because of the timing of Marias death)
North Negros v. Hidalgo, 63 Phil. 664
G.R. No. L-42334 October 31, 1936

Facts:

North Negros Sugar Co. (NNSC) is the owner of a site known as the mill site. It is where its
sugar central, with its factory building and residence for its employees and laborers are located.
It also owns the adjoining sugar plantation known as Hacienda Begoa.

Across its properties NNSC constructed a road connecting the mill site with the provincial
highway. Through this road it allowed vehicles to pass upon payment of a toll charge of P0.15
for each truck or automobile. Pedestrians are allowed free passage through it.

Immediately adjoining the mill site is the hacienda of Luciano Aguirre, known as Hacienda
Sagay, where a billiard hall and a tuba saloon is built. Like other people in and about the
place, Hidalgo used to pass through the said road of the NNSC because it was his only means of
access to the Hacienda Sagay.

Later on, by order of the NNSC , every time that the Hidalgo passed driving his automobile with
a cargo of tuba plaintiff ,the gatekeeper would stop him (asshole) and prevent him from passing
through said road. Hidalgo in such cases merely deviated from said road and continued on his
way to Hacienda Sagay across the fields of Hacienda Begoa, likewise belonging to the
NNSC.