Calimoso et al. vs.

Roullo
G.R. No. 198594
January 25, 2016

Facts:

The lot of Roullo situated in Brgy. Sambag, Jaro, Iloilo is isolated

by several surrounding lots, including that of Calimoso et al..

Raullo, in his complaint, alleges that he needs a right-of-way in

order to have access to a public road; and that the shortest and most
convenient access to the nearest public road, i.e., Fajardo Subdivision
Road, passes through the lot of Calimoso et al..

Calimoso et al. objected to the establishment of the easement

because it would cause substantial damage to the two (2) houses
already standing on their property; and alleging as well that Roullo has
other right-of-way alternatives.

Issue:

Whether all the requisites for the valid establishment of an

easement of right-of-way are present.

Ruling:

No. The establishment of a right-of-way through the lot of

Calimoso et al. has the shortest distance to a public road, yet it is not
the least prejudicial to the same.

As to Art. 613 of the Civil Code, in this case, the property of

Raullo is the dominant estate and the property of Calimoso et al. Is the
servient estate.

Art. 650 then follows to establish two criteria for a valid

establishment of right of way for such case; namely: (1) shortest
distance, and (2) least prejudice. If these two criteria do not concur in
a single tenement, as held in the past, the least prejudice criterion must
prevail over the shortest distance criterion.

Mere convenience for the dominant estate is not what is required

by law for the establishment of an easement of right-of-way. Thus,
Roullo cannot be favored, and has to seek for the other right-of-way
alternatives provided to be not/least prejudicial to any servient estate.

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