Fe Velasco vs. Hon.

Vicente Cusi, Jr.

No. L- 33507
July 20, 1981
ISSUEs:
Main Issue:
Whether or not Bolton Street is an
easement and a legal encumbrance on
Velasco’s lot.
Sub Issue:
Whether or not the encroachment
casts a cloud of doubt over the title
of Velasco.
Rules or Law:
Article 620 of the New Civil Code – Continuous and
apparent easements

Article 622 of the New Civil Code – Continuous non-

apparent and discontinuous

Section 39 of ACT 496 – Public Highway

Analysis of Facts:

CFI of Davao
Fe Velasco

NO CAUSE OF ACTION

Judge. Vicente Cusi, Jr.

 1O meters by 50 meters

Lot 77-B-2

1O meters by 2.5 meters

1O meters by 47.5 meters

Analysis of Arguments:
Fe Velasco Vicente Cusi, Jr and City of
(Petitioner) Davao
(Defendants)
Bolton Street encroached on Complaint states no cause of
Velasco’s Lot of Portion with action upon which to render
dimension of 2.5 meters by judgement in favor of
10 meters. Velasco

Bolton Street is a Appears on the face of the

discontinuous easement complaint that Bolton street
has been where it is from
time immemorial
Conclusion:
Hon. Vicente N. Cusi, Jr. and City of Davao WON the case.

Bolton Street is an easement and a legal encumbrance on

Velasco’s lot.
Bolton Street which is a public highway, already subsisting when O.C.T. No.
638 was issued, as this fact is apparent too from the face of the complaint
itself, is deemed to have attached as a legal encumbrance to the lot originally
registered Lot No. 77, notwithstanding the lack of an annotation thereof in
O.C.T. No. 638. Petitioner

Encroachment does not casts a cloud of doubt over he title of

Velasco.
Public highway was already in existence