Dear Attorney,

I am a landowner, and my property is situated at the front of a barangay road. On one side of my property, there is an alley or right of way granted to the buyers of the lots located behind my property. One of the buyers of the lot at the back is claiming that they have paid for the right of way and are now blocking the road, sometimes even obstructing my car. They also assert that they are a private owner of the right of way. However, it is my understanding that the original landowner granted this right of way for access to the buyers at the back before they purchased the lot.

Do they have the right to block the road in front or beside my property, or claim that they privately own the right of way?

Insights

In the Philippines, the concept of the right of way, also known as easement, is governed by the Civil Code of the Philippines (Republic Act No. 386). Specifically, Article 649 states that a person who has no access to a public road from their property is entitled to demand a right of way through neighboring properties, subject to certain conditions. However, the following points clarify the legal standing in the situation you've described:

Nature of Right of Way: A right of way is a type of servitude or easement that allows access to property that has no direct connection to a public road. It is typically granted by the original landowner to ensure that the lot buyers at the back can access the main road. The right of way remains a shared access and does not mean the back lot owner owns the passage. Rather, it is for utility purposes.
Blocking or Obstructing the Right of Way: Under Philippine law, it is illegal for any party to obstruct or block a designated right of way, particularly if it hampers the movement or access of other legitimate users, such as yourself. If this buyer is blocking the alley or barangay road in front or beside your property, they are overstepping their rights. The right of way does not entitle them to exclusive control or use of the space. Blocking your car or access to your property could be considered an act of obstruction or nuisance, which can be legally challenged.
Right of Way Payment: If the buyer at the back indeed paid for the right of way, it typically refers to compensation for inconveniencing the servient estate (the property giving the access, which may be the original seller's or part of your land). This payment, however, does not grant ownership of the passage. The right of way is granted for access, not possession or exclusive use.
Private Ownership of the Right of Way: The claim of private ownership over the right of way appears to be legally unsound. A right of way, whether paid for or not, does not transfer ownership of the pathway to the buyer; it remains a legal easement to ensure access. Therefore, the back lot owner cannot treat it as their private property. Any attempt to do so would likely be against the law, and you may seek relief by filing an appropriate complaint with your local barangay or through a court action for injunctive relief.

To protect your rights, it may be advisable to request a barangay mediation to settle the dispute amicably. Should the matter escalate, consulting a lawyer to explore the possibility of filing a formal complaint for obstruction of a right of way or a legal action for the removal of nuisance may be necessary.