In the Philippines, the "Right of Way" is a frequent point of contention in residential compounds and subdivisions. It is a legal servitude or easement—a charge imposed upon an immovable property for the benefit of another belonging to a different owner.

Governed primarily by the Civil Code of the Philippines (Articles 649 to 657), the law seeks to balance the rights of the property owner with the necessity of access for those whose properties are physically isolated.

1. The Legal Basis for an Easement

An Easement of Right of Way is the privilege of persons or a particular class of persons to pass over another's land. In a residential context, this usually occurs when a "dominant estate" (the property needing access) is surrounded by other properties, including the "servient estate" (the property providing the access), and has no adequate outlet to a public highway.

The Four Essential Requisites

Under Philippine jurisprudence, for a person to validly claim a compulsory right of way, the following four conditions must be met:

Isolation: The dominant estate is surrounded by other immovables and has no adequate outlet to a public highway.
Indemnity: There must be payment of the proper indemnity (compensation) to the owner of the servient estate.
Lack of Fault: The isolation must not be due to the proprietor's own acts (e.g., selling a portion of land that provided access).
Least Prejudicial: The right of way must be established at the point least prejudicial to the servient estate and, insofar as consistent with this rule, where the distance from the dominant estate to a public highway may be the shortest.

2. The Requirement of Indemnity

A right of way is not free. The owner of the servient estate is entitled to compensation.

Permanent Use: If the right of way is continuous and for all the needs of the dominant estate, the indemnity consists of the value of the land occupied plus the amount of the damage caused to the servient estate.
Temporary/Limited Use: If the passage is limited to specific needs (e.g., for the cultivation of an estate or for carrying materials for construction), the indemnity consists of the payment of the damage caused.

3. Dimensions and Maintenance

The width of the right of way is not fixed by a single number. Instead, it is determined by the needs of the dominant estate.

Adequacy: The width should be sufficient for the needs of the dominant estate and may be modified from time to time as those needs change (e.g., expanding from a walking path to a driveway capable of accommodating emergency vehicles).
Maintenance: The expenses for the preservation and use of the easement are generally borne by the owner of the dominant estate, unless there is a contract stating otherwise.

4. Right of Way in Subdivisions and Compounds

Residential compounds often fall under the Subdivision and Condominium Buyers' Protective Decree (P.D. 957) or the Batas Pambansa Blg. 220.

Open Spaces and Road Lots

In registered subdivisions, the "road lots" are intended for public use or the use of the homeowners. The developer is mandated to provide these access roads. Once the subdivision is completed, these roads are often donated to the local government unit (LGU). Until donated, the developer or the Homeowners Association (HOA) maintains them, but they cannot arbitrarily deny residents access to their own homes.

The Role of the Homeowners Association (HOA)

While an HOA can implement security measures (e.g., gates, stickers, and IDs), they cannot legally block a homeowner’s access to their property for non-payment of association dues. The Supreme Court has ruled that the right to access one's property is a basic attribute of ownership that cannot be completely curtailed by internal HOA policies.

5. Extinguishment of the Right of Way

An easement of right of way is not necessarily perpetual. It may be extinguished under the following circumstances:

Opening of a Public Road: If the dominant estate gains access to a public highway because a new road is opened, the owner of the servient estate may demand the extinguishment of the easement, provided they return the indemnity received.
Merger: If the same person becomes the owner of both the dominant and servient estates.
Renunciation: The owner of the dominant estate expressly waives the right.

6. Common Legal Remedies

If a neighbor or developer blocks a necessary right of way, the aggrieved party may file:

Petition for the Recognition of Easement: To legally establish the right through the court.
Injunction: To stop the servient owner from obstructing the path.
Damages: To seek compensation for the inconvenience or loss caused by the denial of access.

Legal Note: Mere convenience is not enough to demand a right of way. If a property owner already has access to a public road, even if that road is longer, rougher, or more inconvenient than passing through a neighbor's property, the court will generally not grant a compulsory easement. The isolation must be real and not self-imposed.