Professional Documents
Culture Documents
MISJOINDER
Although the road is a private one, the appellate court ruled that the
designation of the beneficiaries of the easement in the titles of the lots was
neither specific nor exclusive, that there was no reason for petitioner not to
negotiate with Zosimo Opone before bringing this case, and that the closure
by Zosimo Opone of the western side of petitioners lot was contrary to P.D. No.
1529, 50 because it was done without the approval of the Regional Trial Court as
required therein.
In any event, it was held that mere inconvenience to the petitioner in
negotiating with numerous parties for whose benefit the easement was
established was not a reason for granting petitioner an easement through
private respondents property.
Petitioner filed a motion for reconsideration but her motion was denied for
having been filed late and for lack of merit. Hence this petition.
ISSUE: W/N the easement of way should be established on Opone and Tudtud
properties even tho they are not parties of the case?
HELD:
Where there are several estates surrounding the dominant estate, and
the easement may be established on any of them, the one where the way is
shortest and will cause less damage should be chosen.
The way may be longer and not the most direct way to the provincial
road, but if the establishment of the easement in favor of petitioner on this
roads will cause the least prejudice, then the easement should be
constituted there(Opone & Tudtuds property). This seems to be reasoning of
the Court of Appeals.
However, this can only be determined if the several lot owners (i.e.,
the Opones and their buyers and those of Bienvenido Tudtud) are before
the court, for the determination of the point least prejudicial to the owners
of servient estates (if there are two or more possible sites for an easement)
requires a comparative evaluation of the physical conditions of the estates.
It is not possible to determine whether the estates which would be
least prejudiced by the easement would be those of the owners of the
Opone and Tudtud properties because they have not been heard. Although
evidence concerning the condition of their estates has been presented by private
respondents, it is impossible to determine with certainty which estate would be
V. MISJOINDER
court so that private respondents may file a third-party complaint against
the owners of servient estates(opone&Tudtud) through whose lands they
believe the right of way sought by petitioner should be established and
then prove their claim. On the basis of the evidence of all parties concerned
the trial court should render a new decision.
SO ORDERED.