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    Sample Case Digest

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    Thrishia Jade Igot
    This case involves a dispute over a road constructed by ARB Construction Co. to provide access between two phases of a subdivision it developed. The road passed through land owned by Woodridge School and Miguela Jimenez-Javier. Initially, the landowners offered to pay ARB 50,000 pesos for right of way but ARB refused. The court ruled that under the Civil Code, compensation for a permanent right of way consists of the value of the land occupied plus damages to the servient estate, not an arbitrary amount. It remanded the case for a determination of compensation based on these factors.

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    Sample Case Digest

    Uploaded by

    Thrishia Jade Igot
    40K views2 pages
    This case involves a dispute over a road constructed by ARB Construction Co. to provide access between two phases of a subdivision it developed. The road passed through land owned by Woodridge School and Miguela Jimenez-Javier. Initially, the landowners offered to pay ARB 50,000 pesos for right of way but ARB refused. The court ruled that under the Civil Code, compensation for a permanent right of way consists of the value of the land occupied plus damages to the servient estate, not an arbitrary amount. It remanded the case for a determination of compensation based on these factors.

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    This case involves a dispute over a road constructed by ARB Construction Co. to provide access between two phases of a subdivision it developed. The road passed through land owned by Woodridge School and Miguela Jimenez-Javier. Initially, the landowners offered to pay ARB 50,000 pesos for right of way but ARB refused. The court ruled that under the Civil Code, compensation for a permanent right of way consists of the value of the land occupied plus damages to the servient estate, not an arbitrary amount. It remanded the case for a determination of compensation based on these factors.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    40K views2 pages

    Sample Case Digest

    Uploaded by

    Thrishia Jade Igot
    This case involves a dispute over a road constructed by ARB Construction Co. to provide access between two phases of a subdivision it developed. The road passed through land owned by Woodridge School and Miguela Jimenez-Javier. Initially, the landowners offered to pay ARB 50,000 pesos for right of way but ARB refused. The court ruled that under the Civil Code, compensation for a permanent right of way consists of the value of the land occupied plus damages to the servient estate, not an arbitrary amount. It remanded the case for a determination of compensation based on these factors.

    Copyright:

    Attribution Non-Commercial (BY-NC)
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    of 2

    NAME: __________________________ SECTION: ________________________ CASE TITLE: WOODRIDGE SCHOOL, INC. and MIGUELA JIMENEZ-JAVIER, vs.

    ARB CONSTRUCTION CO., INC., G.R. No. 157285, February 16, 2007 FACTS OF THE CASE: Woodridge is the usufructuary of a parcel of land covered by Transfer Certificate of Title (TCT) No. T-363902 in the name of spouses Ernesto T. Matugas and Filomena U. Matugas. Its co-petitioner, Miguela JimenezJavier, is the registered owner of the adjacent lot under TCT No. T-330688. On the other hand, ARB is the owner and developer of Soldiers Hills Subdivision in Bacoor, Cavite, which is composed of four phases. Phase I of the subdivision was already accessible from the Marcos Alvarez Avenue. To provide the same accessibility to the residents of Phase II of the subdivision, ARB constructed the disputed road to link the two phases. As found by the appellate court, petitioners properties sit right in the middle of several estates: Phase I of Soldiers Hills Subdivision in the north, a creek in the east and Green Valley Subdivision the farther east, a road within Soldiers Hills Subdivision IV which leads to the Marcos Alvarez Avenue in the west and Phase III of Soldiers Hills Subdivision in the south. Initially, petitioners offered to pay ARB P50,000 as indemnity for the use of the road. Adamant, ARB refused the offer and fenced the perimeter of the road fronting the properties of petitioners. By doing so, ARB effectively cut off petitioners access to and from the public highway. Petitioners argue that the contested road lot is a property of public dominion pursuant to Article 420 of the Civil Code. Specifically, petitioners point out that the disputed road lot falls under the category others of similar character which is the last clause of Article 420 (1). Hence, it is a property of public dominion which can be used by the general public without need for compensation. Consequently, it is wrong for ARB to exclude petitioners from using the road lot or to make them pay for the use of the same. Petitioners also assert that their initial offer of P50,000 should be sufficient compensation for the right of way. Further, they should not be held accountable for the increase in the value of the property since the delay was attributable to the stubborn refusal of ARB to accept their offer. ISSUE: Whether the offer of P50,000 is a sufficient compensation for the right of way RULING OF THE COURT: In the case of a legal easement, Article 649 of the Civil Code prescribes the parameters by which the proper indemnity may be fixed. Since the intention of petitioners is to establish a permanent passage, the second paragraph of Article 649 of the Civil Code particularly applies: Art 649.

    xxx xxx xxx Should this easement be established in such a manner that its use may be continuous for all the needs of the dominant estate, establishing a permanent passage, the indemnity shall consist of the value of the land occupied and the amount of the damage caused to the servient estate. xxx. (Emphasis supplied) On that basis, we further hold that the appellate court erred in arbitrarily awarding indemnity for the use of the road lot. The Civil Code categorically provides for the measure by which the proper indemnity may be computed: value of the land occupied plus the amount of the damage caused to the servient estate. Settled is the rule in statutory construction that when the law is clear, the function of the courts is simple application. Thus, to award the indemnity using factors different from that given by the law is a complete disregard of these clear statutory provisions and is evidently arbitrary. This the Court cannot countenance. The Civil Code has clearly laid down the parameters and we cannot depart from them. Verba legis non est recedendum.

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