The Regional Trial Court (RTC) branch 1 of Bohol has denied the petition filed by a
lot owner to cancel the road right of way leading to Uhan Spring, a water source
developed by Bohol Water Utilities, Inc. (BWUI).
The court ruled that the petitioner has to comply with his contractual obligations
under the Deed of Road Right of Way Easement with Undertaking to Donate the
Road Lot for Public Use and the Special Power of Attorney executed by him in favor
of BWUI.
The decision, dated September 8, 2023, was penned by Presiding Judge Lindecita
Arcamo, directed the petitioner, as well as his agents, heirs, and successors-in-
interest, to refrain from committing any acts in violation of the said documents and
the nature and use of the property as road lots subject to BWUI’s right-of-way or
easement.
The court also ordered the petitioner to surrender the original owner’s copy of the
title and directed the Register of Deeds to enter a memorandum of the Deed of Road
Right of Way and the Special Power of Attorney on the face of the title.
The case stemmed from the purchase of two parcels of land by BWUI from the
petitioner in 2012. The land, located in Barangay Lourdes, Cortes, was intended for
the construction of a water treatment plant.
Prior to the sale, the petitioner executed a Deed of Road Right of Way Easement
with Undertaking to Donate the Road Lot for Public Use and a Special Power of
Attorney to Romeo G. Robles/BWUI to donate the road lot to the Municipality of
Cortes for public use.
These instruments were duly executed by the petitioner on April 24, 2012.
The mother lot was subdivided into eight smaller lots, including two lots purchased
by BWUI (Lot 3845-A and Lot 3845-B) and transferred to its name.
The remaining lots were registered in the name of the petitioner, including two lots
(Lot 3845-E and Lot 3845-H) designated as road lots, which were the subject of the
dispute.
Titles of the road lots reflected the word “Road Lot” opposite the name of the
petitioner and a “Road Lien” in the encumbrances portion, stating that the lots cannot
be closed or disposed of without the approval of the court.
Petitioner granted BWUI the right to use the two road lots for passageway as set
forth in the Deed, thus creating a voluntary easement.
The court held that the petitioner cannot unilaterally cancel the easement and
change the nature and purpose of the road lots.
The court also noted that BWUI’s lawyer communicated with the petitioner and
requested him to present the original owner’s copy of the title in order to annotate the
adverse claim filed by BWUI, but the petitioner refused, claiming that he had already
made a “deal” with another party.
The “deal” involved the sale of the road lots to another party, who eventually claimed
ownership over them.
Because of this, the petitioner instituted the special proceeding cases in court over
the two road lots with the prayer to cancel or delete the word “Road Lot” and the
“Road Lien” on the titles.
The court dismissed the petition, finding it to be contrary to the Deed and the Special
Power of Attorney executed by the petitioner, which were coupled with interest and
should be respected.
The decision of the RTC branch 1 became final and executory on November 17,
2023 and was recorded in the Book of Entries of Judgment on the same date.
The decision was a victory for BWUI, which can now proceed with its development of
Uhan Spring as a water source for the people of Bohol.
However, BWUI still faces a challenge in exercising its right of way over the two road
lots, as the other party claiming ownership of them has constructed a fence right at
the entrance of Lot 3845-E, preventing BWUI from accessing Uhan Spring.
The fence obstructs both road lots 3845-E and 3845-H.
BWUI has filed a complaint against the other party for obstruction of public easement
and damages. The case is still pending in court.