Spouses Custodio vs. CA

Spouses Custodio vs. CA, GR No. 116100 February 9, 1996

Facts:

Mabasa owns a parcel of land with a 2 door apartment. The property is surrounded by other immovables. When Mabasa bought the land, there were tenants who were occupying the property. One of the tenants vacated the land. Mabasa saw that thhere had been built an adobe fence in the apartment in the first passageway that made it narrower. The fence was constructed by the Santoses. Morato constructed her fence and extended it to the entire passageway, therefore, the passageay was enclosed. The case was broguth to the trial court and ordered the custodios and the Santoses to give Mabasa a permanet ingress and eggress to the punlic street and asked Mabasa to pay Custodios and Santoses for damages.

Issue:

Whether or not Mabasa has the right to demand for a right of way

Ruling:

Yes, Mabasa has the right to demand for a right of way. A person has a right to the natural use and enjoyment of his own property, according to his pleasure, for all the purposes to which such property is usually applied. As a general rule, therefore, there is no cause of action for acts done by one person upon his own property in a lawful and proper manner, although such acts incidentally cause damage or an unavoidable loss to another, as such damage or loss is damnum absque injuria. When the owner of property makes use thereof in the general and ordinary manner in which the property is used, such as fencing or enclosing the same as in this case, nobody can complain of having been injured, because the inconvenience arising from said use can be considered as a mere consequence of community life