Demanding a right of way

Demanding a right of way "I am an overseas Filipino worker (OFW). When I was working as an OFW, I bought several properties in the Philippines, one of which is a parcel of land situated in Bataan. I bought the land as my investment since I started working at a young age, being the breadwinner of the family. When I retired, however, I noticed that the passage leading to my property was closed by our new neighbor. Hence, in order to reach the national highway, my family and I would have to take a long route. Do I have a right to demand a right of way? Can I compel my neighbor to provide a right of way for my passage? RitaDear Rita, Yes, you have such a right. In fact, you may compel your neighbor to provide an easement of right of way in your favor. Articles 649 and 650 of the Civil Code govern the conferment of legal easement of right of way, to wit:“Article 649. The owner, or any person who by virtue of a real right may cultivate or use any immovable, which is surrounded by other immovables pertaining to other persons and without adequate outlet to a public highway, is entitled to demand a right of way through the neighboring estates, after payment of the proper indemnity. “Should this easement be established in such a manner that its use may be continuous for all the needs of the dominant estate, establishing a permanent passage, the indemnity shall consist of the value of the land occupied and the amount of the damage caused to the servient estate.“In case the right of way is limited to the necessary passage for the cultivation of the estate surrounded by others and for the gathering of its crops through the servient estate without a permanent way, the indemnity shall consist in the payment of the damage caused by such encumbrance. “This easement is not compulsory if the isolation of the immovable is due to the proprietor’s own acts. (564a)“Article 650. The easement of right of way shall be established at the point least prejudicial to the servient estate, and, insofar as consistent with this rule, where the distance from the dominant estate to a public highway may be the shortest. (565)” (Emphasis supplied)Moreover, the Supreme Court in the case of Spouses Cesar and Racquel Sta. Maria and Florceerfida Sta. Maria vs Court of Appeals, and Spouses Arsenio and Roslynn Fajardo (GR 127549, Jan. 28, 1998), penned by Chief Justice Hilario Davide Jr., emphasized:“[T]he following requirements for an estate to be entitled to a compulsory servitude of right of way under the Civil Code, to wit: “1. the dominant estate is surrounded by other immovables and has no adequate outlet to a public highway (Art. 649, par. 1)“2. there is payment of proper indemnity (Art. 649, par. 1)“3. the isolation is not due to the acts of the proprietor of the dominant estate (Art. 649, last par.) and“4. the right of way claimed is at the point least prejudicial to the servient estate and insofar as consistent with this rule, where the distance from the dominant estate to a public highway may be the shortest (Article 650).”Applying the foregoing to your situation, it is apparent that you have the right to demand for a compulsory right of way from your neighbor.This opinion is solely based on the facts you have narrated and our appreciation of the same. The opinion may vary when the facts are changed or further elaborated. We hope that we were able to enlighten you on the matter.Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to ." - https://www.affordablecebu.com/