G.R. No.

163157

SPOUSES BERNABE MERCADER, JR. and LORNA JURADO-MERCADER, OLIVER

MERCADER, GERALDINE MERCADER and ESRAMAY MERCADER, Petitioners,
vs.
SPOUSES JESUS BARDILAS and LETECIA GABUYA BARDILAS

It is settled that road right of way is a discontinuous apparent easement  in the context of Article 622
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of the Civil Code, which provides that continuous non-apparent easements, and discontinuous ones,
whether apparent or not, may be acquired only by virtue of title. But the phrase with existing Right of
Way in the TCT is not one of the modes of acquisition of the easement by virtue of a title.
Acquisition by virtue of title, as used in Art. 622 of the Civil Code, refers to "the juridical act which
gives birth to the easement, such as law, donation, contract, and will of the testator."