The respondents owned land that they verbally granted the petitioner (NPC) right-of-way to temporarily install wooden electric posts, with the agreement that NPC would relocate the posts when permanent ones were installed. However, NPC continued using the land without respondents' permission. NPC argued it acquired the easement through acquisitive prescription but the court ruled an easement cannot be acquired by prescription unless it is continuous.
The respondents owned land that they verbally granted the petitioner (NPC) right-of-way to temporarily install wooden electric posts, with the agreement that NPC would relocate the posts when permanent ones were installed. However, NPC continued using the land without respondents' permission. NPC argued it acquired the easement through acquisitive prescription but the court ruled an easement cannot be acquired by prescription unless it is continuous.
The respondents owned land that they verbally granted the petitioner (NPC) right-of-way to temporarily install wooden electric posts, with the agreement that NPC would relocate the posts when permanent ones were installed. However, NPC continued using the land without respondents' permission. NPC argued it acquired the easement through acquisitive prescription but the court ruled an easement cannot be acquired by prescription unless it is continuous.
The respondents owned land that they verbally granted the petitioner (NPC) right-of-way to temporarily install wooden electric posts, with the agreement that NPC would relocate the posts when permanent ones were installed. However, NPC continued using the land without respondents' permission. NPC argued it acquired the easement through acquisitive prescription but the court ruled an easement cannot be acquired by prescription unless it is continuous.
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NPC vs Spouses Campos
G.R. No. 143643 June 27, 2003
CALLEJO, SR., J.: FACTS: the respondents filed with the court a quo an action for sum of money and damages against the petitioner. In their complaint, the respondents alleged that they are the owners of a parcel of land. Sometime in the middle of 1970, Dr. Paulo C. Campos, who was then the President of the Cavite Electric Cooperative and brother of respondent Jose C. Campos, Jr., verbally requested the respondents to grant the petitioner a right-of-way over a portion of the subject property. The respondents acceded to this request upon the condition that the said installation would only be temporary in nature. The petitioner assured the respondents that the arrangement would be temporary and that the wooden electric posts would be relocated as soon as permanent posts and transmission lines shall have been installed Contrary to the verbal agreement of the parties, however, the petitioner continued to use the subject property for its wooden electrical posts and transmission lines without compensating the respondents therefor. The NPC’s defense is that it already acquires the easement of right of way through acquisitive prescription. ISSUE: Whether or not NPC is correct that it already acquires the easement through prescription? RULING: No, easement of right of way cannot be acquired through prescription since it is not continuous easement.