197080-2016-Calimoso_v._Roullo20160314-1331-2e0hiq.pdf - SECOND DIVISION[G.R No 198594 HELEN CALIMOSO MARILYN P CALIMOSO and LIBY P CALIMOSO petitioners

197080-2016-Calimoso_v._Roullo20160314-1331-2e0hiq.pdf -...

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SECOND DIVISION [G.R. No. 198594. January 25, 2016.] HELEN CALIMOSO, MARILYN P. CALIMOSO and LIBY P. CALIMOSO HELEN CALIMOSO, MARILYN P. CALIMOSO and LIBY P. CALIMOSO , petitioners , vs. AXEL D. ROULLO AXEL D. ROULLO, respondent . DECISION BRION BRION, J p : Before us is a petition for review on certiorari 1 assailing the December 15, 2010 decision 2 and the August 23, 2011 resolution 3 of the Court of Appeals ( CA ), Cebu City, in CA-G.R. CEB CV No. 00834 CA-G.R. CEB CV No. 00834. The CA af=rmed the decision of the Regional Trial Court ( RTC ), Branch 29, Iloilo City, in Civil Case No. CEB-23858 Civil Case No. CEB-23858 that ordered the establishment of an "easement of right of way" in favor of respondent Axel D. Roullo. Facts of the Case In his Complaint 4 for Easement of Right of Way, the respondent mainly alleged: that he is the owner of Lot 1462-C-1 5 situated in Brgy. Sambag, Jaro, Iloilo City; that his lot is isolated by several surrounding estates, including Lot 1454-B-25 6 owned by petitioners Helen, Marilyn, and Liby, all surnamed Calimoso; that he needs a right-of-way in order to have access to a public road; and that the shortest and most convenient access to the nearest public road, i.e. , Fajardo Subdivision Road, passes through the petitioners' lot. The petitioners objected to the establishment of the easement because it would cause substantial damage to the two (2) houses already standing on their property. They alleged that the respondent has other right-of-way alternatives, such as the existing wooden bridge over Sipac Creek bounding the respondent's lot on the northeast; that the bridge, if made concrete, could provide ingress or egress to the Fajardo Subdivision Road. AaCTcI Due to the respondent's allegedly malicious and groundless suit, the petitioners claimed entitlement to the following awards: P100,000.00 as moral damages, P30,000.00 as exemplary damages, P50,000.00 as attorney's fees, P1,000.00 as appearance fee, and P15,000.00 as litigation expenses. In a decision dated September 29, 2003, the RTC granted the respondent's complaint and ordered the petitioners to provide the respondent an easement of right- of-way "measuring 14 meters in length and 3 meters in width (42 square meters, more or less) over Lot 1454-B-25, speci=cally at the portion adjoining the bank of Sipac Creek. " Accordingly, the RTC ordered the respondent to pay the petitioners proper indemnity in the amount of "Php1,500.00 per square meter of the portion of the lot subject of the easement." The petitioners appealed the RTC's decision to the CA.
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