Mabasas property.

One of the tenants of the apartment vacated because an

adobe fence was constructed thereby makng the frst passageway narrower
n wdth. Ma. Crstna Santos testfed that she constructed sad fence for
securty reasons. Morato aso constructed her fence and even extended t n
such a way that the entre passageway was encosed. It was then that the
remanng tenants of the apartment eft. Thereafter, Mabasa fed a case for
the grant of an easement of rght of way aganst pettoners. The RTC
granted the easement of rght of way sought by prvate respondent. On
appea, the CA affrmed the decson of the RTC and furthermore, orderng
pettoners to pay prvate respondent a sum of money for damages.
lSSUE: Whether the award of damages to prvate respondent s proper.
HELD: No, the act of pettoners n constructng a fence wthn ther ot s a
vad exercse of ther rght as owners. Artce 430 of the Cv Code provdes
that "every owner may encose or fence hs and or tenements by means of
was, dtches, ve or dead hedges, or by any other means wthout detrment
to servtudes consttuted thereon. The proper exercse of a awfu rght
cannot consttute a ega wrong for whch an acton w e, athough the act
may resut n damage to another. The courts can gve no redress for
hardshp to an ndvdua resutng from acton reasonaby cacuated to
acheve a awfu end by awfu means.
Abejaron v. Nabasa
G.R. No. 84831, ]une 20, 2001, 359 SCRA 47
Puno, ].
FACTS: Pettoner Abe|aron avers that he s the actua and awfu possessor
and camant of a 118-square meter porton of a 175-square meter
resdenta ot n Sway, Genera Santos Cty. Pettoner Abe|aron and hs
famy occuped the 118-square meter and. At that tme, the and had not
yet been surveyed. They fenced the area and but thereon a famy home
wth npa roofng and a sma store. Pettoner ater mproved ther abode to
become a two-storey house. Ths house, whch stands to ths day, occupes a
porton of Lot 1, Bock 5 and a porton of the ad|onng Lot 2 of the same Psu.
Lot 2 beongs to pettoners' daughter, Conchta. The sma store was
eventuay destroyed and n ts stead, pettoner Abe|aron another store. He
ater panted fve coconut trees on the property. Knowng that the dsputed
and was pubc n character, pettoner decared ony hs house, and not the
!"