VELASCO v.

CUSI and CITY OF DAVAO

105 SCRA 616
Easements
Art. 617 Intransmissibility (mere accessories to the real property)

FACTS:
Fe Velasco is the owner of a parcel of land in Davao City. She filed in the CFI of Davao City an
action against public respondent, City of Davao for the quieting of her title over Lot 77-B-2, a
portion of which she claims to have been occupied illegally by Bolton Street, Davao City.
The court, presided over by Hon. Vicente N. Cusi, Jr. dismissed the case on the ground that the
complaint states no cause of action, filed by the City of Davao.
The allegations in the complaint that the Bolton Street encroached on the lot of the plaintiff and
that the defendant had continuously occupied the portion so encroached upon do not, contrary to
the conclusion of the plaintiff found in the complaint, cast '. . a cloud of doubt on the title of the
plaintiff over said portion which would justify this action.

ISSUE/S:
Whether or not Bolton Street is an easement and a legal encumbrance on petitioners lot?
Whether the encroachment casts a cloud of doubt over the title of Velasco?

HELD:
YES. Bolton Street, a public highway, was already subsisting when the OCT over the parcel of
land of Velasco was issued. It has been where it is since time immemorial. Bolton Street
constituted an easement of public highway on subject Lot No. 77, from which petitioners lot
was taken, when such bigger lot was originally registered. It remained as such legal
encumbrance, as effectively as if it had been duly noted, notwithstanding the lack of annotation,
on the certificate of title, by virtue of the clear and express provision of Section 39 of Act 496,
which states:

Section 39 of Act 496

Every person receiving a certificate of title in pursuance of a decree or registration, and every
subsequent purchasers of registered land who takes a certificate of title for value in good faith
shall hold the same free of all encumbrances, except those noted on said certificate, and any of
the following encumbrances which may be subsisting, namely:

xxx xxx xxx

Third. Any public highway, way, private way, or any government irrigation.
XX

This fact erases whatever cause of action petitioner may have to bring the complaint she filed in
the court a quo for quieting of title on a portion of the street which she claims to be part of her
lot, free from encumbrance of any kind.
The case was dismissed.