Beruflich Dokumente
Kultur Dokumente
SERAFIN HIDALGO
Posted on July 1, 2013 by winnieclaire
Standard
G.R. No. L-42334 October 31, 1936
Facts: North Negros Sugar Co. (NNSC) is the owner of a site known as the mill site.
It is where its sugar central, with its factory building and residence for its employees
and laborers are located. It also owns the adjoining sugar plantation known as
Hacienda Begoa. Across its properties NNSC constructed a road connecting the
mill site with the provincial highway. Through this road it allowed vehicles to pass
upon payment of a toll charge of P0.15 for each truck or automobile. Pedestrians
are allowed free passage through it.
Immediately adjoining the above-mentioned mill site of the NNSC is the hacienda
of Luciano Aguirre, known as Hacienda Sagay, where the Hidalgo has a billiard
hall and a tuba saloon. Like other people in and about the place, Hidalgo used to
pass through the said road of the NNSC because it was his only means of access to
the Hacienda Sagay. Later on, by order of the NNSC , every time that the Hidalgo
passed driving his automobile with a cargo of tuba plaintiff ,the gatekeeper would
stop him and prevent him from passing through said road. Hidalgo in such cases
merely deviated from said road and continued on his way to Hacienda Sagay
across the fields of Hacienda Begoa, likewise belonging to the NNSC.
Issue: Whether or not NNSC can enjoin Hidalgo from passing the property.
Ruling: NO.
We, therefore, have the case of an easement of way voluntarily constituted in favor
of a community. Civil Code articles 531 and 594 read:
ART. 531. Easements may also be established for the benefit of one or more persons
or of a community to whom the encumbered estate does not belong.
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ART. 594. The owner of an estate may burden it with such easements as he may
deem fit, and in such manner and form as he may consider desirable, provided he
does not violate the law or public order.
As may be seen from the language of article 594, in cases of voluntary easement,
the owner is given ample liberty to establish them: as he may deem fit, and in such
manner and form as he may consider desirable. The plaintiff considered it
desirable to open this road to the public in general, without imposing any condition
save the payment of a fifteen-centavo toll by motor vehicles, and it may not now go
back on this and deny the existence of an easement.Voluntary easements under
article 594 are not contractual in nature; they constitute the act of the owner. If he
exacts any condition, like the payment of a certain indemnity for the use of the
easement, any person who is willing to pay it may make use of the easement. If the