Trias V Araneta

TRIAS V.
ARANETA
15 SCRA 241
FACTS:
Trias sought the cancellation on her certificate of title an annotation prohibiting the construction
of factories on her land. This was opposed by Araneta, claiming that the condition was inserted
by virtue of an agreement between it and Trias predecessor-in-interest.
HELD:
It is proper for the opposition because if the condition is erased, a purchaser who gets the
certificate of title without the annotation will get hold of the lot free from the encumbrance and
might build a factory there. The existence of a zoning ordinance is of no relevance. The
ordinance may be repealed at any time and if so repealed, the prohibition wouldnt be
enforceable.
TRIAS VS. ARANETA- Easement
Sellers of land may validly impose reasonable easements and restrictions as conditions for
contracts of sales; the same may not be overturned by courts merely on the ground that it
impacts dominical rights.
FACTS:
JM Tuason and Co. owned a piece of land that was part of a subdivision. Thru broker Araneta Inc
(of Araneta Coliseum fame), this civic-minded company sold the land to Mr Lopez with the
condition that said lot should never be used to erect a factory. This imposition was annotated to
the TCT.
A series of transfers and conveyances later, the lot ended up in the hands of the gorgeous Ms.
Rafael Trias. She was dismayed with the annotation that stated 5. That no factories be permitted
in this section.
Ms. Trias felt that the annotation impaired her dominical rights and therefore illegal and existed
as mere surplusage since existing zoning regulations already prevented the erection of factories
in the vicinity. Worse, the annotation possibly hindered her plans to obtain a loan. She
accordingly raised the issue to the court and received relief.
Later on, Gregorio Araneta moved for reconsideration stating that the imposition resulted from a
valid sales transaction between her predecessors in interest. He alleged that the court held no
authority to overrule such valid easement and impaired the right to contract.
ISSUE: Whether or not the imposition was valid.
HELD:
The imposition was valid. The prohibition is an easement validly imposed under art 594 which
provides that every owner of a piece of land may establish easements he deems suitable xxx and
not in contravention to the law, public policy and public order
The court ruled that the easement existed to safeguard the peace and quiet of neighboring
residents. The intention is noble and the objectives benign. In the absence of a clash with public
policy, the easement may not be eroded.
The contention of surplusage is also immaterial. Zoning regulations may be repealed anytime,
allowing the erection of factories. With the annotation, at the very least, the original intent to bar
factories remains binding.
Republic of the Philippines

SUPREME COURT
Manila
EN BANC
G.R. No. L-20786
October 30, 1965
IN RE: PETITION FOR CANCELLATION OF CONDITION ANNOTATED ON

TRANSFER CERTIFICATE OF TITLE No. 54417, QUEZON CITY, DRA. RAFAELA V.
TRIAS, married to MANUEL SIA RAMOS, petitioner-appellee,
vs.
GREGORIO ARANETA, INC. oppositor-appellant.
Yatco & Yatco for petitioner-appellee.
Araneta & Araneta for oppositor-appellant.
BENGZON, C.J.:
In May 1963, Rafaela Trias, married, filed in the Rizal court of first instance, a petition to cancel
from her Torrens certificate of title, the annotation appearing on its back which reads as follows:
5. That no factories will be permitted in this section.
She alleged she was the registered owner of this lot in Quezon City; that she wanted the
cancellation, not for the purpose of erecting a factory thereon, but merely to facilitate approval of
a loan she had applied for; that the restriction was illegal, because it impaired the owner's
dominical rights; and that it was a mere surplusage anyhow, because there are zoning ordinances
prohibiting establishment of factories in that district.
Acting on the petition, the court granted it, endorsing her views, particularly the one referring to
surplusage due to a zoning ordinance.
Two weeks later, Gregorio Araneta, Inc. moved for reconsideration of the order, alleging: (a) that
the condition had been inserted in the title pursuant to a contract of sale between it and Rafaela's
predecessor-in-interest; (b) that it received no timely notice of petition; (c) that the order
disregards contractual rights and obligations; (d) that the prohibition against factories was valid,
and not a surplusage; and (e) that the Court had no jurisdiction to act on the petition.
Upon denial of its motion to reconsider, Gregorio Araneta, Inc. appealed to this Court.
There are no issues of fact. The parties agree: (1) that the lot was part of a subdivision and
originally belonged to J.M. Tuason & Co. Inc. which corporation upon selling it (thru Araneta
Inc.) to a purchaser (Garcia Mateo and Deogracias Lopez), imposed the prohibition; that such
prohibition was accordingly printed on the back of the transfer certificate issued to the purchaser;
(2) after several transfers, always subject to the prohibition, Rafaela acquired the lot, again
subject to the limitation which was repeated on the back of her certificate; (3) that upon receiving
her certificate, she noticed the prohibition; and so, arguing that it infringes the owner's right to
use her land, she asked for its cancellation; (4) as already stated, she obtained relief.
The questions at issue here are: (a) the validity of the prohibition or limitation; (b) the effect of
the zoning ordinance.
Such prohibition is similar to other conditions imposed by sellers of subdivision lots upon
purchasers thereof, in and around Manila. It is in reality an easement,1 which every owner of real
estate may validly impose under Art. 594 of the Civil Code or under Art. 688 of the New Civil
Code, which provides that "the owner of a piece of land nay establish thereon the easements
which he may deem suitable, ... provided he does not contravene the law, public policy or public
order".
No law has been cited outlawing this condition or limitation, which evidently was imposed by
the owner of the subdivision to establish a residential section in that area, or the purpose of
assuring purchasers of the lots therein that the peace and quiet of the place will not be disturbed
by the noise or smoke of factories in the vicinity.
The limitation is essentially a contractual obligation which the seller, Tuason & Co., Inc. (thru
Araneta Inc.) imposed, and the purchaser agreed to accept. Of course, it restricts the free use of
the parcel of land by the purchaser. However, "while the courts have manifested some disfavor of
covenants restricting the use of property, they have generally sustained them where reasonable,
and not contrary to public policy ... ." (14 Am. Jur. 616.).
"The validity of building restrictions limiting buildings to residences, ... restrictions as to the
character or location of buildings or structures to be erected on the land ... has been sustained.
(14 Am. Jur. 617, citing cases.)
Now, it is proper for Tuason & Co., Inc. (thru Araneta, Inc.) to oppose the elimination of the
condition from the certificate of title, because, if it is erased, a purchaser who gets a new
certificate of title without the annotation, will hold the lot free from the encumbrance, and might
build a factory there.2 As declared by sec. 39 of Act 496 as amended, "every purchaser of
registered land ... shall hold the same free from all encumbrances except those noted in said
certificate."
The existence of a zoning ordinance prohibiting factories in the area is immaterial. The ordinance
might be repealed at any time; and if so repealed, this prohibition would not be enforceable
against new purchasers of the land, who may be ignorant thereof. The same remark applies to
Rafaela's promise not to build a factory on the lot: new owners might not be bound.
A problem might arise if and when the ordinance is amended so as to convert the area into an
industrial zone impliedly permitting factories. Probably, the limitation might still bind the lot
owner (with annotation) ; but it is not the present issue, and we do not now decide it.
IN THIS VIEW OF THE CASE, it becomes unnecessary to take up the other questions discussed
by appellant, regarding notice and jurisdiction. Neither do we pass on the point raised by
appellee concerning appellant's personality to object to the cancellation; because anyway, the
proper party in interest (J.M. Tuason & Co., Inc.) could be impleaded as substitute party on
appeal. (Alonzo v. Villamor, 16 Phil. 315).
The appealed order is reversed, and the petition to cancel is denied, with costs against petitioner.
So ordered.
Bautista Angelo, Concepcion, Dizon, Regala, Makalintal, Bengzon, J.P., and Zaldivar, JJ.,
concur.
Reyes, J.B.L., J., took no part.

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TRIAS V.

TRIAS VS. ARANETA- Easement

ISSUE: Whether or not the imposition was valid.

Republic of the Philippines

October 30, 1965

IN RE: PETITION FOR CANCELLATION OF CONDITION ANNOTATED ON

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