Francisco V. IAC 177 SCRA 527- Compulsory Right of Way

Category: Civil Law Jurisprudence

FACTS:

The Malinta estate was co-owned by two sisters who later donated 1/3 of the property to their niece, 1/3 to the heirs of their deceased sister, and 1/3 was solely conveyed to Cornelia. Adjoining this estate was property of Fransisco, fronting the Paradas road. The new co-owners then partitioned the lot. All the frontage went to the niece. Cornelia subsequently sold her property to Eugenio sisters who then sold it to Ramos. Ramos wanted a right of way through Fransisco’s property.

HELD:

If the enclosure or isolation was due to the proprietor’s own acts, then there couldn’t be any compulsory right of way.