GENELLE MAE A.

MADRIGAL
BC School of Law
Legal Form

January 12, 2018

Dear A,

This legal opinion seeks to answer your question as to where the case of easement of right of way
should be filed.

The Facts

Per our discussion and documents that you have shown me, the following are the pertinent facts:

The case arose from a request of easement of right of way of A to B. A had no access to a public
road to and from their property. Upon demand of A for right of way, the owner of another adjacent
lot B does not allow it. The appraised value of an easement is based on the impact it has on the
burdened property. The assessed value of the property of A is Php 18,000.00 while the property
of B is Php 21,000.00. The conferment of a legal easement of right of way is governed by Articles
649 and 650 of the Civil Code.

The right of way in favor of A's land is a compulsory one since A's land is without an outlet to a
public highway.

The Applicable Law

Indeed, Regional Trial Court has jurisdiction over the said case. The core issue is whether the action
that should be filed is one involving title to or possession of real property or any interest therein or
one incapable of pecuniary estimation.

It is a well-settled rule that jurisdiction of the court is determined by the allegations in the
complaint and the character of the relief sought.

SEC. 19. Jurisdiction in Civil Cases. Regional Trial Courts shall exercise exclusive
original jurisdiction:

(1) In all civil actions in which the subject of the litigations is incapable
of pecuniary estimation.

(2) In all civil actions which involve the title to, or possession of, real
property, or any interest therein, where the assessed value of the property involved
exceeds Twenty thousand pesos (P20,000.00) or for civil actions in Metro Manila,
where such value exceeds Fifty thousand pesos (P50,000.00) except actions for
forcible entry into and unlawful detainer of lands or buildings, original jurisdiction
over which is conferred upon the Metropolitan Trial Courts, Municipal Trial Courts,
and Municipal Circuit Trial Courts; x x x.

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The RTC has jurisdiction over the case – easement of right of way because it’s a real action.

Easements are inseparable from the estate to which they actively or passively belong. An
easement is a nonpossessory right to use and/or enter onto the real property of another without
possessing it. An easement is considered as a property right in itself at common law and is still
treated as a type of property in most jurisdictions. The said rights can generally be created in one
of two ways: either by an express agreement between the party who owns the land and the party
who seeks to own the interest; or by an order of a court.

Clearly, the complaint of A involves an interest in land that's owned by someone else. In other
words, the objectives of the petitioner in filing case is to enforce rights under an easement of right
of way. It is therefore a real action. Easement, which is a right in rem, according to which the
possessor of a real estate is entitled to use someone else's real estate to a limited extent, or may
demand the possessor of a real estate burdened by an easement to refrain from some conduct.

Jurisdiction over the subject matter is the power to hear and determine cases of the general class
to which the proceedings in question belong. To determine whether a court has jurisdiction over
the subject matter of a case, it is important to determine the nature of the cause of action and of
the relief sought. The subject real property are actions that fall under the classification of cases
that involve "title to, or possession of, real property, or any interest therein.”

Under the present law, original jurisdiction over cases the subject matter of which involves "title
to, possession of, real property or any interest therein" under Section 19(2) of B.P. 129 is divided
between the first and second level courts, with the assessed value of the real property involved as
the benchmark. The subject matter assessed value exceeds Php 20,000.00, meaning Regional Trial
Court has exclusive original jurisdiction.

In addition, the said case does not fall under incapable of pecuniary estimation. Settled
jurisprudence considers some civil actions as incapable of pecuniary estimation, viz: (1) Actions for
specific performance; (2) Actions for support which will require the determination of the civil
status; (3) The right to support of the plaintiff; (4) Those for the annulment of decisions of lower
courts; (5) Those for the rescission or reformation of contracts; and (6) Interpretation of a
contractual stipulation. The cause of action of A is not one of the mentioned civil actions as
incapable of pecuniary estimation.

Hence, it is only correct to file the case in Regional Trial Court - real action.

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