JUAN GARGANTOS versus TAN YANON, G.R. No.

L-14652

FACTS:

The late Francisco Sanz was the former owner of a parcel of land along with the
buildings and improvements thereon. He subdivided the lot into three (3) and then sold
each portion to different persons. The second portion thereof was sold to Tan Yanon,
respondent herein. There is a house on the said portion which, on its northeastern side,
has doors and windows overlooking the third portion. The third portion, which has a
camarin, was acquired by Juan Gargantos, petitioner herein. Sanz constructed the
house in the second portion in such a way that the northeastern side thereof extends to
the wall of the camarin in the third portion.

Gargantos applied for a permit to construct a building on his lot. Yanon opposed the
approval of such application because it would prevent him from receiving light and
enjoying the view through the window of his house, unless such building is erected at a
distance of not less than three (3) meters from the boundary line between their lots.

ISSUE:

Whether or not Yanon has an easement of light and view against Gargantos’ property;

RULING:

Yes, Yanon has an easement of light and view against Gargantos’ property.

It is apparent from the facts that Sanz constructed the house in the second portion in
such a way that the northeastern side thereof extends to the wall of the camarin in the
third portion. Also, the windows and doors in the said side of the house which serve as
passages for light and view were already in existence at the time Yanon purchased
such from Sanz.

Article 541 of the Old Civil Code (now Article 624, New Civil Code) provides that the
existence of an apparent sign of easement between two estates, established by the
proprietor of both, shall be considered, if one of them is alienated, as a title so that the
easement will continue actively and passively, unless at the time the ownership of the
two estate is divided, the contrary is stated in the deed of alienation of either of them, or
the sign is made to disappear before the instrument is executed.

The existence of the doors and windows on the northeastern side of the aforementioned
house is equivalent to a title, for the visible and permanent sign of an easement is the
title that characterizes its existence.