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La Vista Association, Inc. vs. Court of Appeals

LA VISTA ASSOCIATION, INC., petitioner vs. COURT OF APPEALS, SOLID HOMES, INC., ATENEO DE MANILA UNIVERSITY, ROMULO VILLA, LORENZO TIMBOL, EMDEN ENCARNACION, VICENTE CASI?O, JR., DOMINGO REYES, PEDRO C. MERCADO, MARIO AQUINO, RAFAEL GOSECO, PORFIRIO CABALU, JR., and ANTONIO ADRIANO, in their behalf and in behalf of the residents of LOYOLA GRAND VILLAS, INC., PHASES I AND II, respondents.

G.R. No. 95252 | 1997-09-05

D E C I S I O N

BELLOSILLO, J.:

MANGYAN ROAD is a 15-meter wide thoroughfare in Quezon City abutting Katipunan Avenue on the west, traversing the edges of La Vista Subdivision on the north and of the Ateneo de Manila University and Maryknoll (now Miriam) College on the south. Mangyan Road serves as the boundary between LA VISTA on one side and ATENEO and MARYKNOLL on the other. It bends towards the east and ends at the gate of Loyola Grand Villas Subdivision. The road has been the subject of an endless dispute, the disagreements always stemming from this unresolved issue: Is there an easement of right-of-way over Mangyan Road?

In resolving...