Ensuring Access: When Can Philippine Courts Order Demolition for Right of Way Obstruction?

TLDR; This case clarifies that Philippine courts can order the demolition of structures obstructing a legally established road right of way, even after the initial judgment on the right of way has become final. It emphasizes that demolition is an enforcement mechanism, not a modification of the original ruling, to ensure the right of way remains accessible as intended.

G.R. No. 116417, October 18, 2000: ALBERTO MAGLASANG, JR., PETITIONER, VS. HON. MERCEDES GOZO DADOLE, PRESIDING JUDGE, REGIONAL TRIAL COURT, CEBU, BRANCH 28, MANDAUE CITY, AND CONSUELO Q. PABROA, RESPONDENTS.

Imagine owning property, only to find yourself in a legal battle over access to a public road. This was the predicament faced by Alberto Maglasang, Jr., in a case that reached the Philippine Supreme Court. Disputes over right of way are common, especially in rapidly developing areas where property boundaries and access routes become points of contention. This case highlights the power of Philippine courts to enforce right of way easements and ensure that these crucial access points remain unobstructed.

At the heart of the matter was a permanent lien of right of way inscribed on Maglasang’s land title. Neighboring landowner, Consuelo Pabroa, relied on this right of way to access the national highway. Maglasang attempted to have this lien cancelled, arguing it was no longer necessary. However, the courts upheld the right of way. The subsequent issue? Maglasang built structures that Pabroa claimed obstructed this very right of way. This led to a court order for demolition, which Maglasang challenged, claiming it modified the original, final judgment.

Understanding Easement of Right of Way in the Philippines

Philippine law recognizes the concept of easements or servitudes, which are encumbrances on property for the benefit of another property or person. A right of way is a specific type of easement, granting passage through one property to benefit another. Article 649 of the Civil Code of the Philippines addresses this, stating:

“The owner, or any person who by virtue of a real right may cultivate or use real estate, which is surrounded by other immovables pertaining to other persons and without adequate outlet to a public highway, is entitled to demand a right of way through the neighboring estates, after payment of proper indemnity.”

This legal provision ensures that landlocked properties are not rendered useless by lack of access. The establishment of a right of way typically involves demonstrating necessity – that the property lacks adequate access to a public road – and proper compensation to the property owner burdened by the easement. Once established, this right of way becomes a legal encumbrance, often annotated on the land title itself, as was the case with Maglasang’s property.

Crucially, the right of way must be maintained in a manner that serves its intended purpose – to provide access. Obstructions to a legally established right of way can lead to legal action to enforce the easement, including orders for the removal of such obstructions. This case explores the extent of the court’s power to ensure this right of way is kept clear.

The Case Unfolds: From Lien to Demolition Order

The legal journey of Alberto Maglasang, Jr. began with his petition to cancel the right of way lien on his property in Consolacion, Cebu in 1988. Consuelo Pabroa, an adjoining landowner, opposed this, arguing that the right of way was her only access to the national highway.

The Regional Trial Court (RTC) initially sided with Pabroa in 1989, denying Maglasang’s petition and upholding the right of way. This decision was affirmed by the Court of Appeals, and subsequently by the Supreme Court in 1991, making the denial of the cancellation of lien final. The legal battle over the *existence* of the right of way was over.

However, the story didn’t end there. In 1993, Pabroa filed for a motion for execution of the 1989 RTC order. She claimed that Maglasang, in defiance of the established right of way, had constructed a concrete fence and part of his apartment building, directly obstructing the two-meter wide easement. This shifted the focus from the *existence* of the right of way to its *enforcement* and the removal of obstructions.

Instead of immediately ruling on the motion for execution, the RTC, under Judge Mercedes Gozo Dadole, opted for ocular inspections. Atty. Bonifacio Go Virtudes, the Clerk of Court, was initially appointed commissioner, followed by geodetic engineer Cesar V. Tecson, to survey the land and assess the alleged obstruction. Multiple reports and objections ensued, but Engineer Tecson’s reports consistently indicated that Maglasang’s structures were indeed encroaching on the right of way.

Finally, on July 22, 1994, Judge Dadole issued the order at the heart of this Supreme Court case. It approved the commissioner’s reports and mandated Maglasang to demolish the obstructing structures within ten days, failing which, the Sheriff would carry out the demolition at Maglasang’s expense. The RTC order stated:

“Finally, since per findings of the commissioner as contained in his reports dated November 23, 1993 and January 24, 1994, a structure has been constructed by the petitioner which has in a way obstructed the subject road right of way, the same must have (sic) to be demolished in order that the road right of way be established completely… Ordering the petitioner to demolish the structure which he has constructed on the road right of way within ten (10) days from receipt of this order…”

Maglasang then filed a special civil action for certiorari with the Supreme Court, arguing that the demolition order was a grave abuse of discretion, as it allegedly modified the final 1989 order. He contended that the demolition order went beyond merely executing the original judgment.

Supreme Court Ruling: Demolition is Enforcement, Not Modification

The Supreme Court, in a decision penned by Justice Pardo, firmly rejected Maglasang’s arguments and upheld the demolition order. The Court emphasized that the RTC was not modifying its previous order, but rather, was taking necessary steps to *enforce* it.

The Supreme Court reasoned that:

“Thus, the challenged order did not modify the previous order, but actually implemented the order of the trial court dated October 2, 1989. The order for demolition was, therefore, incidental to the execution of the order dated October 2, 1989.”

The Court underscored that the purpose of establishing the right of way in the first place was to ensure access. Allowing obstructions to remain would defeat this very purpose and render the initial judgment meaningless. The demolition order was deemed a necessary and logical consequence of the prior ruling that established and maintained the right of way.

The Supreme Court further clarified the concept of grave abuse of discretion, the basis for Maglasang’s certiorari petition. It stated that grave abuse of discretion implies a capricious, whimsical, or arbitrary exercise of judgment, akin to a lack of jurisdiction. The RTC’s actions, in carefully investigating the obstruction through commissioner reports and then ordering demolition to clear the right of way, were far from arbitrary. They were a measured and justified response to ensure the efficacy of its original ruling.

Practical Implications: Keeping Rights of Way Clear

This case provides crucial guidance for property owners and those relying on easements of right of way in the Philippines. It affirms the court’s authority to issue demolition orders to enforce right of way easements. Building structures that obstruct a legally established right of way will not be tolerated, even if the initial judgment establishing the easement is already final.

For property owners burdened by a right of way, this case serves as a reminder that the easement must be respected. While they retain ownership of the land, their right to use it is limited by the easement. They cannot construct barriers or structures that impede the通行 of those entitled to use the right of way.

For those benefiting from a right of way, this ruling offers assurance that the courts will actively enforce their right to access. They are not powerless against obstructions and can seek judicial intervention to ensure the right of way remains usable.

Key Lessons from Maglasang vs. Dadole:

• Enforcement Power: Courts have the power to issue demolition orders to enforce final judgments establishing right of way easements.
• No Modification: Demolition orders are considered enforcement mechanisms, not modifications of the original judgment.
• Ocular Inspection Importance: Courts may utilize ocular inspections and commissioner reports to determine if obstructions exist.
• Respect Easements: Property owners must respect legally established easements of right of way and avoid any actions that obstruct them.
• Seek Enforcement: Beneficiaries of right of way easements can seek court intervention to remove obstructions and enforce their access rights.

Frequently Asked Questions About Right of Way and Demolition

Q: What is an easement of right of way?

A: It is a legal right that allows a person to pass through another person’s property to access their own property or a public road. It’s usually established when a property is landlocked.

Q: How is a right of way legally established in the Philippines?

A: It can be established through a court order, by agreement between property owners (voluntary easement), or by continuous and apparent use for a certain period (prescription).

Q: Can I build structures on my property if there’s a right of way easement?

A: Yes, but you cannot build structures that obstruct or impede the use of the right of way. The easement holder must be able to freely and conveniently use the right of way.

Q: What can I do if my neighbor obstructs my right of way?

A: You can file a legal action in court to enforce your right of way and seek a court order for the removal of the obstruction, potentially including a demolition order.

Q: Will I be compensated if a right of way is established on my property?

A: Yes, the owner of the property benefiting from the right of way is generally required to pay proper indemnity to the burdened property owner.

Q: Is a demolition order always the first step in right of way disputes?

A: No, typically, there will be hearings and investigations first to determine the existence and extent of the obstruction before a demolition order is issued.

Q: What if I believe the demolition order is unjust?

A: You can file a motion for reconsideration or appeal the order to a higher court, as Maglasang did in this case. However, you must demonstrate grave abuse of discretion on the part of the lower court.

Q: How wide should a right of way be?

A: The width depends on the needs of the dominant estate. It should be sufficient for the intended use, such as pedestrian or vehicular access, as determined by the court or through agreement.

Q: Can a right of way easement be cancelled?

A: Yes, under certain circumstances, such as when the necessity for the right of way ceases to exist, or through mutual agreement of the parties involved.

Q: What are the costs associated with right of way disputes?

A: Costs can include legal fees, commissioner fees for surveys and inspections, and potentially demolition costs if ordered by the court.

ASG Law specializes in Philippine property law and civil litigation, including easement disputes and right of way issues. Contact us or email hello@asglawpartners.com to schedule a consultation.