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Costabella Corp. Vs. Court Of Appeals, Et Al.

COSTABELLA CORPORATION, petitioner, vs. COURT OF APPEALS, KATIPUNAN LUMBER CO., INC., AURORA BUSTOS LOPEZ, MANUEL S. SATORRE, JR., JOSEFA C. REVILLES, FELIX TIUKINHOY, JR., PERFECTA L. CHUANGCO, and CESAR T. ESPINA, respondents. Roco, Bunag, Kapunan & Migallos for petitioner. Albano, Garcia & Diaz Law Offices for Katipunan Lumber Co., Inc. Zosa & Quijano Law Offices for respondents.

G.R. No. 80511 | 1991-01-25

D E C I S I O N


SARMIENTO, J.:

The principal issue raised in this petition for review on certiorari of the decision 1 dated May 30, 1986 of the Court of Appeals, 2 which modified the decision 3 rendered by the Regional Trial Court of Lapu-Lapu City in Cebu, is whether or not the private respondents had acquired an easement of right of way, in the form of a passageway, on the petitioner's property.

It is admitted that the petitioner owns the real estate properties designated as Lots Nos. 5122 and 5124 of the Opon Cadastre, situated at Sitio Buyong, Maribago, Lapu-Lapu City, on which it had constructed a resort and hotel. The private...