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Spouses Mercader etc. vs. Spouses Bardilas

SPOUSES BERNABE MERCADER, JR. and LORNA JURADO-MER CADER, OLIVER MERCADER, GERALDINE MERCADER and ESRAMA Y MERCADER, Petitioners, vs. SPOUSES JESUS BARDILAS and LETECIA GABUY A BARDILAS, Respondents. Present: SERENO, C.J, LEONARDO-DE CASTRO, BERSAMIN, PERLAS-BERNABE, and CAGUIOA,JJ.

G.R. No. 163157 | 2016-06-27

DECISION
 
BERSAMIN, J.:
 
The owner of the servient estate retains ownership of the portion on which the easement is established, and may use the same in such manner as not to affect the exercise of the easement.1
 
The Case
 
This appeal seeks to undo and reverse the decision promulgated on March 18, 2003 "only insofar as Civil Case No. CEB-12783 is concerned," whereby the Court of Appeals (CA) partly affirmed the judgment rendered on October 10, 1995 by the Regional Trial Court (RTC) in Civil Case No. CEB-12783 and Civil Case No. CEB-13384. In so doing, the CA recognized the right of the respondents as the owners...