ABOGA LAW OFFICE

XYZ Bldg., QRS Avenue, Davao City

April 13, 2023

MS. PAULITA IBARRA

Barrio Madiskarte, Natura Village
Davao City

Dear Ms. Ibarra:

Good day! This legal opinion seeks to answer your question as to whether or not
you can compel Natura Village to give you a road right of way and use its gate since it is
the most convenient access to your residence.

The Facts

Per our discussion, you have shown me the following significant facts:

You are a resident of Barrio Madiskarte, which is a part of Natura Village in

Davao City. Many informal settlers came to occupy the vacant lot since it has not been
developed, but before these informal settlers occupied the above-stated lot, residents of
both Barrio Madiskarte and Natura Village lived harmoniously and in fact, they used to
share the same entrance and exit gates. However, as the informal settlers began to occupy
the lot, cases of robbery in the village started to increase and its residents were blaming
the residents of Barrio Madiskarte for the crimes. Hence, the homeowners of Natura
Village, through formal writing, informed the residents of Barrio Madiskarte that they
cannot use the gate anymore.

You have also stated that aside from the said gate, there are two roads leading to
the national highway: one road crosses a river and the other one is a thirty-minute walk
from your house. But despite the fact, the gate is the most convenient to be used by
Barrio Madiskarte residents.

The Applicable Law

Article 649 of the Civil Code of the Philippines states that, “the owner, or any
person who, by virtue of a real right may cultivate or use any immovable, which is
surrounded by other immovable pertaining to other persons and without adequate outlet
to a public highway, is entitled to demand a right of way through the neighbouring
estates, after payment of the property indemnity.”

Basically, easement of right of way is a privilege by which one person or a group

of persons is allowed to pass over another’s land usually through one particular path. This
may be demanded when there is absolutely no access to a public highway, and even if
there is one, it is difficult or dangerous to use and is disgustingly insufficient, or when
access to the public highway is not enough.

However, the Supreme Court stated in one of its decisions, that mere convenience
for the dominant estate is not what is required by law as the basis of setting up a
compulsory easement.

Thus, Article 650 of the Civil Code of the Philippines provides that in
determining the existence of an easement of right of way, the requirement of least
prejudice to the servient estate “trumps distance between the dominant estate and the
public highway.” More so, it shall be established upon two criteria: (1) at the point least
prejudicial to the servient estate; and (2) where the distance to a public highway may be
the shortest.
 Based on the preceding facts and laws mentioned, the gate which was deprived by
the Natura Village Homeowners is the most accessible and convenient access other than
having a thirty-minute walk from your house and by crossing the river that will be a little
dangerous option for you. So, by attaining a road right of way from them and using its
gate is the best possible remedy you can use to compel Natura Village to give you a road
right of way.

I trust that you find the foregoing helpful; should you require my further
assistance, please do not hesitate to let me know.

Yours truly,

ATTY. MA. ANGELI INTIA ABOGA

09956310281/maangeli.aboga@unc.edu.ph