Couple sues church in Basak for right-of-way

CEBU, Philippines - For depriving them of road right of way, a couple asked for damages and injunction against the Holy Cross Parish in Barangay Basak, Cebu City, and others.

Spouses Adora and Michael Casey filed for a Temporary Restraining Order, injunction and damages against Cebu Archbishop Jose Palma, Holy Cross Parish and parish priest Henrietto Visitacion.

Earlier, the couple bought parcel No. 5754-D-2 owned by the heirs of Vicente, Simona, Juana and Petrona Gadiano in Barangay Basak where they live.

Gadiano’s lot contained an area of 5,484 square meters and was divided into several partitions.

The lot bought by the couple was adjacent to Lot 5754-C-3 and 5754-C-4 registered under the name of the Roman Catholic Archbishop of Cebu.

The couple said before they bought the said lot the primary assurance of the former owners was a road right of way had been established about four meters.

The road right of way was not only for the former owner but for the other residents in Lot 5745-D as well as all families residing beside and behind the Holy Cross Parish.

They added after buying lot 5754-D-2 they have been in actual and continuous possession of it and used the lot now registered by the Roman Catholic Archbishop of Cebu as road right of way.

However, Visitacion the parish priest of Holy Cross Parish constructed a concrete wall that traverses the road right of way starting from the main road.

“The construction of the concrete fence has effectively narrowed the passage to about one meter wide --barely enough for two persons to pass through side by side and an impossible route for a four-wheeled vehicle,” the complaint read.

They said at the start of the construction, they and other neighbors appealed to Visitacion to reconsider their plan to limit their access to their respective residences.

The church granted their request for unlimited access but it was later withdrawn and a case was even filed against them.

Visitacion claimed that since they were the owner of the said lot, they have no legal obligation to grant further the enjoyment of the families the use of the passage within the vicinity of the church.

However, the couple said the road right of way measuring not less than four meters width extending from the main road until the boundary of lot has been existing even before the lot was sold to the present occupants.

“There is no showing that the subject road right of way no longer subsists or otherwise had already been terminated,” they said.

The couple asked the defendants to pay them P150,000 as moral damages, P30,000 acceptance fee of attorney, P3,000 appearance fee, P25,000 litigation fee and exemplary damages as to the sound discretion by the court.

Last year the Holy Cross Parish filed a civil case against the couple after the latter allegedly damaged their property. – (FREEMAN)