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    Ronquillo vs. Roco-Easement of Right of Way: Facts

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    Dian Obligacion
    Petitioners had used a right of way through the respondents' land for over 20 years to access the local market. However, the respondents blocked the path by building a chapel and fencing off the area with barbed wire. The issue is whether an easement of right of way can be acquired by prescription. The majority held that it cannot, as the Civil Code states only continuous and apparent easements can be acquired by prescription. A right of way is not continuous as its use depends on the acts of individuals and occurs intermittently. The minority opinion argued that under the special law on prescription, right of ways can be acquired by prescription if adverse use can be shown for the statutory period, regardless of being continuous or discontinuous

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    Ronquillo vs. Roco-Easement of Right of Way: Facts

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    Dian Obligacion
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    Petitioners had used a right of way through the respondents' land for over 20 years to access the local market. However, the respondents blocked the path by building a chapel and fencing off the area with barbed wire. The issue is whether an easement of right of way can be acquired by prescription. The majority held that it cannot, as the Civil Code states only continuous and apparent easements can be acquired by prescription. A right of way is not continuous as its use depends on the acts of individuals and occurs intermittently. The minority opinion argued that under the special law on prescription, right of ways can be acquired by prescription if adverse use can be shown for the statutory period, regardless of being continuous or discontinuous

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    Ronquillo Vs

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    Petitioners had used a right of way through the respondents' land for over 20 years to access the local market. However, the respondents blocked the path by building a chapel and fencing off the area with barbed wire. The issue is whether an easement of right of way can be acquired by prescription. The majority held that it cannot, as the Civil Code states only continuous and apparent easements can be acquired by prescription. A right of way is not continuous as its use depends on the acts of individuals and occurs intermittently. The minority opinion argued that under the special law on prescription, right of ways can be acquired by prescription if adverse use can be shown for the statutory period, regardless of being continuous or discontinuous

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    34 views2 pages

    Ronquillo vs. Roco-Easement of Right of Way: Facts

    Uploaded by

    Dian Obligacion
    Petitioners had used a right of way through the respondents' land for over 20 years to access the local market. However, the respondents blocked the path by building a chapel and fencing off the area with barbed wire. The issue is whether an easement of right of way can be acquired by prescription. The majority held that it cannot, as the Civil Code states only continuous and apparent easements can be acquired by prescription. A right of way is not continuous as its use depends on the acts of individuals and occurs intermittently. The minority opinion argued that under the special law on prescription, right of ways can be acquired by prescription if adverse use can be shown for the statutory period, regardless of being continuous or discontinuous

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    RONQUILLO vs.

    ROCOEasement of Right of Way


    Easements of right of way may not be acquired by prescription because it is not a continuous
    easement.

    FACTS:
    Petitioners parcel of land was connected to the Naga Market Place and Igualdad St. by an easement
    of a right of way through the land of the Respondents, which they have been using for more than 20
    years. On May 1953, however, respondents built a chapel right in the middle of the road, blocking
    their usual path to the marketplace. One year after, by means of force, intimidation, and threats, the
    owners (respondents) of the land where the easement was situated, planted wooden posts and
    fenced with barbed wires the road, closing their right of way from their house to Igualdad St. and
    Naga public market.

    ISSUE:
    Whether or not the easement of a right of way may be acquired by prescription?

    HELD: No.
    Art. 620 of the CC provides that only continuous and apparent easements may be acquired by
    prescription. The easement of a right of way cannot be considered continuous because its use is at
    intervals and is dependent on the acts of man.
    Minority Opinion (including the ponente):
    Easements of right of way may already be acquired by prescription, at least since the introduction
    into this jurisdiction of the special law on prescription through the Old Code of Civil Procedure, Act
    No. 190. Said law, particularly, Section 41 thereof, makes no distinction as to the real rights which
    are subject to prescription, and there would appear to be no valid reason, at least to the writer of this

    opinion, why the continued use of a path or a road or right of way by the party, specially by the
    public, for ten years or more, not by mere tolerance of the owner of the land, but through adverse
    use of it, cannot give said party a vested right to such right of way through prescription.
    The uninterrupted and continuous enjoyment of a right of way necessary to constitute adverse
    possession does not require the use thereof every day for the statutory period, but simply the
    exercise of the right more or less frequently according to the nature of the use. (17 Am. Jur. 972)
    "It is submitted that under Act No. 190, even discontinuous servitudes can be acquired by
    prescription, provided it can be shown that the servitude was actual, open, public, continuous, under
    a claim of title exclusive of any other right and adverse to all other claimants'."

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