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Tomas Encarnacion Vs. Court Of Appeals

TOMAS ENCARNACION, petitioner, vs. THE HONORABLE COURT OF APPEALS AND THE INTESTATE ESTATE OF THE LATE EUSEBIO DE SAGUN AND THE HEIRS OF THE LATE ANICETA MAGSINO VIUDA DE SAGUN, * respondents. Esteban M. Mendoza for petitioner. Oscar Gozos for private respondents.

G.R. No. 77628 | 1991-03-11

D E C I S I O N


FERNAN, J.:

Presented for resolution in the instant petition for review is the not-so-usual question of whether or not petitioner is entitled to a widening of an already existing easement of right-of-way. Both the trial court and the Appellate Court ruled that petitioner is not so entitled, hence the recourse to this Court. We reverse.

The facts are undisputed.

Petitioner Tomas Encarnacion and private respondent Heirs of the late Aniceta Magsino Viuda de Sagun are the owners of two adjacent estates situated in Buco, Talisay, Batangas ** Petitioner owns the dominant estate which has an area of 2,590 square meters and...