20 x x x x x x x x x the trial court 21 dismissed the petitioner 's complaint , a dismissal affirmed on appeal , 22 according to the appellate court , the opening of jupiter street to human and vehicular traffic , and the commercialization of the municipality of makati in general , were circumstances that had made compliance by moncal with the aforesaid `` deed restrictions '' `` extremely difficult and unreasonable , '' 23 a development that had excused compliance altogether under article 1267 of the civil code .