"x x x.
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.
In summary, an entitlement to the easement of right of way requires that the following requisites must be met.
The dominant estate is surrounded by other immovables and has no adequate outlet to a public highway (Art. 649, par. 1);
There is payment of proper indemnity (Art. 649, par. 1);
The isolation is not due to the acts of the proprietor of the dominant estate (Art. 649, last par.); and
The right of way claimed is 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 (Art. 650).15
All the above requisites are present in this case.
As regards the first requisite, there is no dispute that the respondent's property was surrounded by other immovables owned by different individuals, including Spouses Williams. The isolation was further shown in the Sketch Plan16 prepared by Honorato R. Bisnar, the geodetic engineer deputized by the parties. Moreover, contrary to Spouses Williams' claim that there was a barangay road closest to the dominant estate, the RTC, during the ocular inspection, observed that "there was no existing barangay road xxx."17
The second requisite of payment of indemnity was also complied with by the respondent when he wrote Spouses Williams on January 27, 2004, formally asking them to provide him with a right of way, for which he was in willing to pay a reasonable value or to swap a portion of his property.18
Anent the third requisite, the isolation of the dominant estate was not due to the respondent's own acts. The property he purchased was already surrounded by other immovables leaving him no adequate ingress or egress to a public highway. Spouses Williams refused to grant a right of way and averred that the isolation of the dominant estate was attributable to the respondent's own acts. They pointed out that when the respondent purchased the dominant estate, he knew that Sierra was in negotiation with them for the sale of the dominant estate, thus, he was in bad faith. Nonetheless, it cannot be used to defeat the respondent's claim for a right of way. Sierra had every right to sell his property to anybody. Further, when the respondent bought the dominant estate there could have been no existing contract of sale yet considering that Spouses Williams and Sierra were still in negotiation. Hence, consent, one of the essential requisites for a valid contract, was lacking.
As to the fourth requisite, the Court finds that the right of way sought by the respondent is at the point least prejudicial to the servient estate and it is the shortest distance to the national highway. This is evident in the Sketch Plan19 showing that the requested right of way was alongside the perimeter of Spouses Williams' property. Moreover, during the ocular inspection, the RTC observed that the right of way, which the respondent was seeking was alongside a precipice.20 Spouses Williams insisted that they intended to build structures on the portion claimed by the respondent, but at a safe distance from the precipice, not immediately beside it. In addition, the 705.20 sq. m long pathway would only affect a small portion of the 12,200 sq. m. property of Spouses Williams, and for which the respondent expressed willingness to pay.
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."21 As previously discussed, the right of way claimed by the respondent is at a point least prejudicial to the servient estate.
X x x."
G.R. No. 207146, March 15, 2017
SPOUSES LARRY AND ROSARITA WILLIAMS, Petitioners, v. RAINERO A. ZERDA, Respondent.
https://www.chanrobles.com/cralaw/2017marchdecisions.php?id=228
