TAÑEDO vs.

BERNAD
G.R. No. L-66520 August 30, 1988
2nd Division. Padilla, J.

Petitioner: Eduardo C. Tañedo

Respondents: Hon. Juanito A. Bernad (Presiding Judge, Rtc Cebu City Branch 21), Sps. Romeo Sim & Pacita S. Sim, Sps.
Antonio Cardenas & Mae Linda Cardenas

QUICK SUMMARY:
Cardenas owned 2 lots. One lot (Lot A) was sold to Tañedo and the other (Lot B) was mortgaged. Lot B
had a septic tank used by both lots. Thereafter, the second lot was sold to sps Sim who blocked the
sewage pipe.

FACTS:
Antonio Cardenas was the owner of 2 parcels of land (adjoining lots; Lot 7501-A & Lot 7501-B).
An apartment building was constructed on Lot 7501-A; a small portion of it also stands on Lot 7501-B.
On Lot 7501-B, the improvements therein consist of a four-door apartment, two-story house, a bodega
and a septic tank for the common use of the occupants of Lots 7501-A and 7501-B. Cardenas sold Lot
7501-A to Tañedo and also mortgaged Lot 7501-B to the latter with a promise to sell the same. However,
Cardenas sold Lot 7501-B to respondent sps. Romeo and Pacita Sim. Tañedo offered to redeem the
property from Romeo Sim, but the latter refused.
Instead, Romeo Sim blocked the sewage pipe connecting the building of Tañedo built on Lot
7501-A, to the septic tank in Lot 7501-B. He also asked Tañedo to remove that portion of his building
encroaching on Lot 7501-B.
Consequently, Tañedo, invoking the provisions of Art 1622, NCC, filed an action for legal
redemption and damages against the sps. Sim and sps. Cardenas. Cardenas, on the other hand, filed a
cross-claim against sps. Sim alleging that the deed he executed was intended as an equitable mortgage,
while spouses Sim insisted that it was an absolute sale. Respondent judge dismissed the complaint and
cross claim for lack of cause of action. Moreover, the trial court ruled that Tañedo's right to continue to
use the septic tank, erected on Lot7501-B, ceased upon the subdivision of the land and its subsequent sale
to different owners who do not have the same interest.

ISSUE/ HELD/ RATIO:

W/N sale to sps. Sim extinguished the easement of the use of the drainage & septic tank by Tañedo – NO.
- Art. 631, NCC provides for the grounds for the extinguishment of an easement. The alienation of the
dominant and servient estates to different persons, however, is not one of the grounds for the
extinguishment of an easement. On the contrary, use of the easement is continued by operation of
law.
- Furthermore, Art. 624 NCC provides that an easement shall continue actively and passively unless the
contrary should be provided in the title of conveyance or it was removed before the execution of the
deed. In the case, no statement abolishing or extinguishing the easement of drainage was mentioned
in the deed of sale of Lot 7501-A to Tañedo. Nor did Antonio Cardenas stop the use of the drain pipe
and septic tank by the occupants of Lot 7501-A before he sold said lot to Tañedo. Hence, the use of
the septic tank is continued by operation of law. Thus, the sps. Romeo and Pacita Sim (the new
owners of the servient estate), cannot impair, in any manner whatsoever, the use of the servitude.

JUDGMENT:
RTC Order REVERSED. Trial directed to proceed.