VELASCO v.

CUSI and CITY OF DAVAO

GR NO. L-33507
July 20, 1981

FACTS:
Fe Velasco is the owner of a parcel of land in Davao City. She filed in the CFI
of Davao City an action against public respondent, City of Davao for the
quieting of her title, a portion of which she claims to have been occupied
illegally by Bolton Street, Davao City. The court, presided over by Hon.
Vicente N. Cusi, Jr. dismissed the case on the ground that the complaint
states no cause of action, filed by the City of Davao. The allegations in the
complaint that the Bolton Street encroached on the lot of the plaintiff and
that the defendant had continuously occupied the portion so encroached
upon do not, contrary to the conclusion of the plaintiff found in the
complaint, cast a cloud of doubt on the title of the plaintiff over said portion
which would justify this action.
ISSUE:
Whether or not Bolton Street is an easement and a legal encumbrance on
petitioner’s lot?
HELD:
YES. Bolton Street, a public highway, was already subsisting when the OCT
over the parcel of land of Velasco was issued. It has been where it is since
time immemorial. Bolton Street constituted an easement of public highway
on subject Lot No. 77, from which petitioner’s lot was taken, when such
bigger lot was originally registered.