G.R. NO.

L-66520               AUGUST 30, 1988

EDUARDO C. TAÑEDO vs.

HON. JUANITO A. BERNAD, Spouses ROMEO SIM and
PACITA S. SIM; and Spouses ANTONIO CARDENAS and MAE
LINDA CARDENAS
 FACTS:

• Antonio Cardenas was the owner of 2 adjoining lots; Lot 7501-A & Lot 7501-B.
• An apartment building was constructed on Lot A with a small portion of it standing on Lot
B. On Lot B, improvements therein consist of a 4-door apartment, 2-story house, a
bodega and a septic tank for the common use of the occupants of Lots A and B.
• Cardenas sold Lot A to Eduardo Tañedo and also mortgaged Lot B to the latter with a
promise to sell the same.
• Cardenas sold Lot B to respondent sps. Romeo and Pacita Sim. Tañedo offered to
redeem the property from Romeo Sim, but the latter refused.
• Romeo Sim blocked the sewage pipe connecting the building of Tañedo built on Lot A, to
the septic tank in Lot B.
 FACTS:

• He also asked Tañedo to remove that portion of his building encroaching on Lot B.
• Tañedo, filed an action for legal redemption and damages against the sps. Sim and sps.
Cardenas.
• Cardenas 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 JUANITO A. BERNAD dismissed the complaint and cross claim on the
ground of lack of cause of action.
• RTC ruled that Tañedo's right to continue to use the septic tank, erected on Lot B, ceased
upon the subdivision of the land.
ISSUE:

Whether or not the sale of Lot-B to sps. Sim extinguished

the easement of drainage and the use of septic tank by
Tañedo.
Ruling:
■ No. The alienation of the dominant and servient estates to different persons is not a
ground for the extinguishment of an easement.
■ On the contrary, use of the easement is continued by operation of law.
■ Article 631 of the Civil Code enumerates the grounds for the extinguishment of
an easement:
1. Merger of ownership of dominant and servient estate
2. Non-use for 10 years
3. Either or both of estates fall into such condition that easement cannot be used
4. Expiration of term or fulfillment of resolutory condition
5. Waiver by dominant owner
6. Redemption agreed upon
Ruling:
■ The RTC’s finding that petitioner Tañedo's right to continue to use the septic
tank ceased upon the subdivision of the land and its subsequent sale to
different owners who do not have the same interest clearly contradicts the law.
■ Since Tañedo is the dominant owner here, he may a.) exercise all his rights
necessary for use of easement, b.) make on servient estate all works necessary
for use and preservation of servitude, provided that:
– It must be at his own expense,
– He must notify the servient owner,
– At convenient time and manner,
– He must not alter the easement nor render it more burdensome.
c.) renounce the easement if he desires to exempt himself from contribution to
necessary expenses, and d.) ask for mandatory injunction to prevent impairment of
his use of easement.
Ruling:
■ On the other hand, spouses Sim, as the servient owners, have the right to a.)
retain ownership and possession of servient estate; b.) make use of easement,
unless there is an agreement to the contrary; and c.) change at his expense, the
place or manner of easement provided it be equally convenient.
■ Being a servient owner, Romeo Sim cannot impair the use of easement, but only contribute to
the necessary expenses in case he uses the easement, unless there is an agreement to the
contrary.
■ Moreover, Article 624 of the Civil Code 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 this case, no
statement abolishing or extinguishing the easement of drainage was mentioned
in the deed of sale of Lot A to Tañedo. Nor did Antonio Cardenas stop the use of
the drain pipe and septic tank by the occupants of Lot 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.