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Description of Lot 3, Block No. 2130 in Manila WON De Leon is a party to the undertaking executed by Cu
The “ALLEY ONG” It is slightly trapezoidal in form and bounded by: Unjieng in granting the opening of private alley in favor of
case SOUTH: bounded by Raon Street and Lot 5 Smith Bell.
EAST: bounded by 2 lots
Owners of the NORTH: bounded by Lot 4B (Lot 4B belongs to De NO. DE LEON IS NOT A PARTY TO THE UNDERTAKING AND HAS
adjoining lot where Leons) NO LEGAL INTEREST THEREIN. THUS, WHEN CU UNJIENG AND
the private alley Description of Lot 4B owned by De Leons CITY OF MANILA AGREED ON THE CLOSURE OF THE PRIVATE
was located cannot EAST: bounded by Lot 19, 21, 23, and part of 25 ALLEY, THERE WAS INDEED A “UNANIMITY AMONG THE
oppose to its PARTIES”
closure as they are RECIT READY! It must be emphasized that the opening of private alley was
not the intended A lease agreement was entered into between Cu Unjieng and granted by Cu Unjieng for it was a condition precedent
beneficiary of it. Smith Bell. Later on, Smith Bell applied for construction before the City Engineer would issue a construction permit
permit at the City Engineer of Manila. However, such permit in favor of its tenant, Smith Bell.
was not granted UNLESS a 2-meter private alley will be Clearly, the opening of private alley was made for the
opened by the owner of the building as mandated by Section benefit of Smith Bell, the occupants of Lot 3 and NOT for the
103 of the Revised City Ordinance. In compliance with the occupants of Lot 4B and 6B which are owned by the De
demand, Cu Unjieng, being the owner of the lot, made an Leons
Undertaking granting the opening of a private alley. Later on, Whatever benefits that the occupants of Lot 4B and 6B may
when the lease agreement with Smith Bell has terminated derive from the private alley was PURELY INCIDENTAL to
and the building constructed therein was burned, Li Yao, those established in the interests of occupants of Lot 3
new owner of the Lot 3, demanded for the closure of the Thus, being not a party to the undertaking, De Leons have
private alley. This was opposed by De Leons who are the no right to object to the closure of private alley
owners of the adjoining land where the private alley is Moreover, since Cu Unjieng and City of Manila have agreed
located. The SC Ruled that De Leons have no legal interest to for the closure of the private alley, the required unanimity
oppose the closure of the alley as they are not a party to the of parties was met.
Undertaking executed by Cu Unjieng in opening the private
alley. Any benefits that they may derive from the use of DOCTRINE:
private alley is purely incidental. Thus, their consent is not Where the annotation on the title of registered land, that
needed before the private alley be closed. the owner should open and maintain a private alley
thereon, was made at the instance of the City Engineer of
HOW THE CASE STARTED Manila and said official is agreeable to its cancellation, the
Lots 3, 4B, 6B, 19, 21, 23, and 25 used to belong to owners of the adjoining lot cannot oppose the cancellation
Mariano Cu Unjieng and Cu Unjieng e Hijos. of the annotation. They have no legal interest in said
Now, in 1930, Cu Unjieng LEASED Lot 3 to Smith annotation.
Bell (which is now owned by Li Yao)
Smith Bell informed Cu Unjieng that they need to
apply for construction permit for the improvements
that they will introduced on the leased property.
However, considering the location of the leased
property, as it did not abut on Raon Street, the City
Engineer of Manila demanded that a private alley of 2
meters in width be opened on eastern portion of Lot
3 pursuant to Section 103 of the Revised City
Ordinance; to wit:
“ Provided, That the building shall abut or face upon a
public street or alley or on a private street or alley
which has been officially approved; and Provided
further, That any private street or alley opened in an
interior lot for the purposes of this section, once
officially approved. shall be open to the general
public, and with its approved width preserved, shall
be maintained and kept in good repair by the grantee
of the permit, his heirs, executors, and assigns, and
shall never be closed by any person so long as there
is a building or other structure abutting or facing
upon such private street or alley."