Beruflich Dokumente
Kultur Dokumente
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*SECOND DIVISION.
496
497
NACHURA, J.:
This is a petition for review on certiorari under Rule 45
of the Rules of Court, seeking to reverse and set aside the
Court of Appeals (CA) Decision1 dated January 31, 2007
and Resolution2 dated October 23, 2007 in CA-G.R. CV No.
85471. The assailed Decision reversed and set aside the
July 15, 2005 decision3 of the Regional Trial Court (RTC) of
Laoag City, Branch 14, in Civil Case No. 12581-14; while
the assailed Resolution denied the Motion for
Reconsideration filed by petitioners Crispin Dichoso, Jr.,
Evelyn Dichoso Valdez, and Rosemarie Dichoso Pe Benito.
The facts of the case, as culled from the records, are as
follows:
On August 2, 2002, petitioners filed a Complaint for
Easement of Right of Way4 against respondent Patrocinio
L. Mar-
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5Id., at p. 2.
6Embodied in a Motion to Dissmiss dated October 16, 2002; id., at pp.
11-14.
499
VOL. 647, APRIL 11, 2011 499
Dichoso, Jr. vs. Marcos
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500
I.
CAN PETITIONERS BE ENTITLED TO A GRANT OF A
LEGAL EASEMENT OF RIGHT OF WAY FROM THEIR
LANDLOCKED PROPERTY THROUGH THE PROPERTY OF
PRIVATE RESPONDENT WHICH IS THE SHORTEST ROUTE
IN GOING TO AND FROM THEIR PROPERTY TO THE
PUBLIC STREET AND WHERE THEY USED TO PASS?
II.
CAN RESPONDENT REFUSE TO GRANT A RIGHT OF WAY
ON THE DESIRED PASSAGEWAY WHICH HE CLOSED
SINCE THERE IS ANOTHER PASSAGEWAY WHICH IS MORE
CIRCUITOUS AND BURDENSOME AND IS BELATEDLY
OFFERED UNTO PETITIONERS?
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12Id., at p. 76.
13Rollo, pp. 40-45.
501
III.
CAN PETITIONERS BE COMPELLED TO AVAIL OF A
LEGAL EASEMENT OF RIGHT OF WAY THROUGH THE
PROPERTY OF ARCE WHICH WAS BELATEDLY OFFERED
BUT HAS BEEN FORECLOSED BY THE BANK AND
WHEREIN THE LATTER IS NOT A PARTY TO THE CASE?14
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14Id., at p. 211.
502
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503
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504
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20Id.
505
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506
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