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Philippine Laws on
Housing and Human
Settlements
Presented by: Vergara, Darren Joseph B.
ARC - 5203
14-05552

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Republic Act No. 7279


Urban Development and Housing Act of 1992

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Urban
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styleHousing Act of 1992

• AN ACT TO PROVIDE FOR A COMPREHENSIVE AND CONTINUING URBAN


DEVELOPMENT AND HOUSING PROGRAM, ESTABLISH THE MECHANISM FOR ITS
IMPLEMENTATION, AND FOR OTHER PURPOSES.

• It first stipulates the principles governing the urban development and housing program, for
instance the state shall ensure the rational use of land and provide the affordable housing for
underprivileged and homeless citizens. The Act then requires the government to establish
inventory of lands and identify the sites for socialized housing, and sets out rules on land
acquisition and disposition.

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Urban
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styleHousing Act of 1992

• Crucially, the Act provides strategies and requirements for the socialized housing programs. It
specifies the eligibility criteria for beneficiaries, provides incentives for National Housing
Authority and private sectors, as well as sets standards on basic services and livelihood
component for those housing. It also sets out procedural safeguards on eviction, demolition and
resettlement. The Act further creates the Community Mortgage Program to assist
underprivileged and homeless citizens to purchase and develop a tract of land under the
community ownership.

• Lastly, the Act establishes a framework for the program implementation and stipulates roles and
responsibilities for the relevant housing agencies.

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Urban
Click to Development
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styleHousing Act of 1992

• Program Objectives:
1. Uplift the conditions of the underprivileged and homeless citizens in urban areas and in resettlement
areas by making available to them decent housing at affordable cost, basic services, and
employment opportunities;
2. Provide for the rational use and development of urban land;
3. Adopt workable policies to regulate and direct urban growth and expansion towards a dispersed
urban net and more balanced urban-rural interdependence;
4. Provide for an equitable land tenure system that shall guarantee security of tenure to Program
beneficiaries but shall respect the rights of small property owners and ensure the payment of just
compensation;
5. Encourage more effective people’s participation in the urban development process; and
6. Improve the capability of local government units in undertaking urban development and housing
programs and projects.

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Human Settlement
Programs

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Balanced
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• Developers of proposed subdivision projects are required to develop an area for


socialized housing equivalent to at least 20% of the total subdivision area or
total subdivision project cost with the option to comply instead through any of
the following:
a) Development of new settlement;
b) Slum upgrading or renewal of areas for priority development either through zonal
improvement programs or slum improvement and resettlement programs;
c) Joint-venture projects with either the local government units or any of the housing
agencies; or
d) Participation in the community mortgage program.

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UDHAtoResettlement
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• Resettlement of persons living in danger areas (esteros, railroad tracks,


garbage dumps, riverbanks, shorelines and waterways) and public places
(sidewalks, roads, parks and playgrounds)
• The LGUs, in coordination with the National Housing Authority, are tasked to
provide relocation or resettlement sites with basic services and facilities and
access to employment opportunities sufficient to meet the basic needs of the
affected families.
• The law requires that this program be undertaken within 2 years from the date
of its effectivity (March 29, 1992 - March 29, 1994)

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UDHAtoSocialized
Click edit MasterHousing
title styleProgram

• Socialized Housing refers to housing programs and projects


covering houses and lots or home lots only undertaken by the
government or the private sector for the underprivileged and
homeless citizens which shall include sites and services
development, long-term financing, liberalized terms on interest
payments, and such other benefits in agreement with this Act.

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Who to
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Master beneficiaries?
title style

• “Economic and Socialized Housing” refers to housing units which


are within the affordability level of the average and low-income
earners which are thirty percent (30%) of the gross family income as
determined by the National Economic and Development Authority
from time to time.

• 30% Gross Income Payer – “Cost-burdened families” – those who


have difficulty affording necessities such as food, clothing,
transportation, and medical care.

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Who to
Click are qualified
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Master title Socialized Housing Program?

a) Must be a Filipino citizen;


b) Must be an underprivileged and homeless resident, as defined in Section 3 of
R.A. No. 7279;
c) Must not own any real property whether in the urban or rural areas; and
d) Must not be a professional squatter or a member of squatting syndicates.

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Eviction and Demolition

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Whattoisedit
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• Eviction refers to the removal of a person and/or his belongings from a subject
building/structure or area, in accordance with law.

• Demolition refers to the dismantling by the LGU (Local Government Unit), or


any legally authorized agency of the government of all structures within the
premises subject for clearing.

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Eviction
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• Eviction or demolition as a practice shall be discouraged. Eviction or demolition,


however, may be allowed under the following situations:

a) When persons or entities occupy danger areas such as esteros,


railroad tracks, garbage dumps, riverbanks, shorelines, waterways, and
other public places such as sidewalks, roads, parks, and playgrounds;
b) When government infrastructure projects with available funding are
about to be implemented; or
c) When there is a court order for eviction and demolition.

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Eviction
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Master title style

• In the execution of eviction or demolition orders involving underprivileged and homeless


citizens, the following shall be mandatory:

1. Notice should be given thirty (30) days prior to demolition;


2. Adequate consultation with the settlers of the affected area;
3. Adequate relocation; whether temporary or permanent;
4. Members of the Philippine National Police must be properly uniformed;
5. Proper identification of all persons taking part in the demolition;
6. Heavy equipment should not be used except for structures that are permanent and of
concrete materials;
7. Local government officials or their representatives must be present; and
8. Execution must be done only during regular office hours from Mondays to Fridays and
during good weather, unless the affected families consent otherwise.
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Typestoof
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Master title Demolition

1. Court-ordered Eviction and Demolition - It is eviction and demolition by


virtue of a writ issued by a court of competent jurisdiction.

2. Extra-judicial Eviction and Demolition - It is eviction and demolition without


the need of a court order and pertains to the underprivileged and homeless
citizens and their dwellings occupying:
a) danger areas;
b) public places; and
c) government infrastructure projects with available funding

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Typestoof
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Master title Demolition

3. Summary Eviction and Demolition - It is the immediate removal and the


dismantling by the LGUs or authorized government agency of structures of:
a) professional squatters;
b) members of squatting syndicate; and
c) new illegal structures

4. Voluntary Eviction and Dismantling / Demolition - It is the act of willingly


vacating subject premises and the dismantling / demolishing or allowing the
dismantling or demolition of one’s structure.

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Action
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Syndicates

• The local government units, in cooperation with the Philippine National Police,
the Presidential Commission for the Urban Poor (PCUP), and the PCUP-
accredited urban poor organization in the area, shall adopt measures to identify
and effectively curtail the nefarious and illegal activities of professional
squatters and squatting syndicates, as herein defined.
• Any person or group identified as such shall be summarily evicted and their
dwellings or structures demolished, and shall be disqualified to avail of the
benefits of the Program.
• A public official who tolerates or abets the commission of the abovementioned
acts shall be dealt with in accordance with existing laws.

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Action
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title style
Syndicates

• For purposes of this Act, professional squatters or members of squatting


syndicates shall be imposed the penalty of six (6) years imprisonment or a fine
of not less than Sixty thousand pesos (P60,000) but not more than One
hundred thousand pesos (P100,000), or both, at the discretion of the court.

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Moratorium on Eviction
and Demolition

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Moratorium
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• There shall be a moratorium on the eviction of all program beneficiaries and on


the demolition of their houses or dwelling units for a period of three (3) years
from the effectivity of this Act: Provided, that the moratorium shall not apply to
those persons who have constructed their structures after the effectivity of this
Act and for cases enumerated in Section 28 hereof.

• The program components, i.e., the Housing Program, Resettlement Program,


Balanced Housing Program are being accomplished or otherwise set in place.

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Presidential Decree No. 772


Penalizing Squatting and other Similar Acts

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Presidential
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title 772
style

• This Decree directs the Secretaries of National Defense, Public Works and Communications,
Social Welfare and the Director of Public Works, the PHHC General Manager, the Presidential
Assistant on Housing and Rehabilitation Agency, Governors, City and Municipal Mayors, and
City and District Engineers, to remove all illegal constructions including buildings on and along
esteros and river banks, those along railroad tracks and those built without permits on public
and private property, "squatting is still a major problem in urban communities all over the
country;

• Many persons or entities found to have been unlawfully occupying public and private lands
which belong to the affluent class;

• There is a need to further intensify the government's drive against this illegal and wicked
practice;

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Presidential
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title 772
style

• Any person who succeeds in occupying or possessing the real property of another against the
latter's will through any of the following means:
1. Force
2. Intimidation
3. Threat
4. Taking advantage of the absence or tolerance of the landowner for residential, commercial
or any other purposes.
• Any person shall be punished by an imprisonment ranging from six months to one year or a fine of
not less than one thousand nor more than five thousand pesos at the discretion of the court, with
subsidiary imprisonment in case of insolvency.
• If the offender is a corporation or association, the maximum penalty of five years imprisonment and
the fine of five thousand pesos shall be imposed upon the president, director, manager or managing
partners thereof.

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Ejectment Laws
Forcible Entry and Unlawful Detainer

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Forcible
Click Entry
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Master Unlawful
style Detainer

• In forcible entry, one is deprived of physical possession of any land or building


by means of force, intimidation, threat, strategy, or stealth. The possession is
illegal from the beginning and the only issue is who has the prior possession de
facto.
• In unlawful detainer, one unlawfully withholds possession thereof after the
expiration or termination of his right to hold possession under any contract,
express or implied. The possession was originally lawful but became unlawful
by the expiration or termination of the right to possess and the issue of rightful
possession is the one decisive, for in such action, the defendant is the party in
actual possession and the plaintiff’s cause of action is the termination of the
defendant’s right to continue in possession.
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Forcible
Click Entry
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Master Unlawful
style Detainer

• If the entry is illegal, then the action which may be filed against the intruder is
forcible entry. If, however, the entry is legal but the possession thereafter
becomes illegal, the case is unlawful detainer.

• Accordingly, in forcible entry, the plaintiff must allege in the complaint and prove
that he was in prior physical possession of the property in litigation until he was
deprived thereof by the defendant, but in unlawful detainer, the plaintiff need not
have prior physical possession of the property, or, elsewise stated, prior
physical possession is not an indispensable requirement in an unlawful detainer
case.

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Easements or Servitudes

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Easement
Click to editor Servitude
Master title style

• Easement or Servitude is an encumbrance imposed upon an immovable for the benefit of a


community or one or more persons or for the benefit of another immovable belonging to a
different owner.

• It is also called a non-possessory interest in real property because they gave the easement
holder the right to use the property but not to possess it.

• The immovable in favor of which the easement is established is called the dominant estate; that
which is subject thereto, the servient estate.

A dominant estate is the parcel of real


A servient estate is a parcel of land that is property that has an easement over
subject to an easement. another piece of property.
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ClickIllustration
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for Dominant
title style Estate and Servient Estate

“Owner”

“User”

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Characteristics
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style or Servitude

1. Real Right - It is a real right; it must be registered in order to affect third persons;

2. Involves Immovable Property - It is an encumbrance on another corporeal immovable (not


personal property);

3. Different Owners - It is an encumbrance on the property belonging to another;

4. It is a Real Easement – It is for the benefit of another immovable;

If it is Personal Easement – It is for the benefit of persons or a community

5. Inseparability - It is inseparable from the estate to which it is attached; the easement follows
the servient estate when it is alienated.

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Characteristics
Click of title
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style or Servitude

6. Indivisibility - it is indivisible even if the estates are divided;


(1) If the servient estate is divided between two or more persons,
the easement is not modified.
(2) If the dominant estate is divided, each one may use the easement in its
entirety, without changing the place of its use, or making it more burdensome.

7. No Possession - There is no transfer of possession; only a burden is imposed; and

8. Cannot Change the Estate Benefitted - The owner of the dominant estate cannot use the
easement EXCEPT for the benefit of the immovable originally contemplated.

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Click to edit Master
Classifications of Easements
title style

1. Continuous easements - are those the use of which is or may be incessant,


without the intervention of any act of man.
2. Discontinuous easements - are those which are used at intervals and
depend upon the acts of man.
3. Apparent easements - are those which are made known and are continually
kept in view by external signs that reveal the use and enjoyment of the same.
4. Non-apparent easements - are those which show no external indication of
their existence.

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Easements
Click are also
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title style or Negative

• A positive easement is one which imposes upon the owner of the


servient estate the obligation of allowing something to be done or of
doing it himself; and

• A negative easement, that which prohibits the owner of the servient


estate from doing something which he could lawfully do if the
easement did not exist.

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Classifications of Easements
title style

• As to how it is established:

a) Legal – established by law


b) Voluntary – established by will of the parties.

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Modes
Click to of Acquiring
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Master title style

1. By virtue of a title;
2. By prescription of 10 years;
3. By deed of recognition by the owner of the servient state or by
final judgement; or
4. By the existence of an apparent sign of easement between two
estates.

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Rights
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Master titleofstyle
the Dominant Estate

1. To use the easement or the burden on the servitude.


2. To make on the servient estate any works necessary for the use
and preservation of the servitude without altering or rendering it
more burdensome.
3. To renounce the easement if the owner of the dominant estate
does not want to contribute to the necessary expenses with the
owners of the other dominant estates.

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Obligations
Click of thetitle
to edit Master Ownerstyleof the Dominant Estate

1. Not to alter or render more burdensome the easement:


2. To notify the owner of the servient estate of the need to make
works necessary for its preservation and use.

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Rights
Click toof the
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Master titleofstyle
the Servient Estate

1. To exercise all the rights of ownership including possession


subject to the burden imposed by easement.
2. To make use of the easement in such a manner as not to affect the
exercise of the easement;
3. To change the place or manner of the easement, provided it be
equally convenient.

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Obligations
Click of thetitle
to edit Master Ownerstyleof the Servient Estate

1. Not to impair the use of the easement:


2. Contribute to the necessary expenses in case he uses the
easement
3. To provide for an equally convenient place and manner of the
easement and incur the expenses for such change.

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Modes
Click to of Extinguishment
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1. By merger in the same person of the ownership of the dominant and servient estates;
2. By non-user for ten years (discontinuous easement the period shall be computed from the day
on which they ceased to be used)
3. When either or both of the estates fall into such condition that the easement cannot be used;
but it shall revive if the subsequent condition of the estates or either of them should again
permit its use.
4. By the expiration of the term or the fulfillment of the condition, if the easement is temporary or
conditional
5. By the renunciation of the owner of the dominant estate
6. By the redemption agreed upon between the owners of the dominant and servient estates.

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LegaltoEasements
Click edit Master title style

• They are the easements imposed by the law, and which have for their object either public use or
the interest of private persons.
• Different Legal Easements:
1. Easements relating to waters
2. Right-of-way
3. Party wall
4. Light and view
5. Drainage of building
6. Intermediate distances
7. Easement against nuisance
8. Lateral and subjacent support
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Easements
Click Relating
to edit Master tostyle
title Waters

• Natural Drainage of Lands. Lower estates are obliged to receive water from the higher estates.
• The owner of the lower estate cannot construct works which will impede this easement; neither
can the owner of the higher estate make works which will increase the burden.
• Easement along riparian banks of rivers, streams and shores of seas and lakes for navigation,
floatage, fishing, salvage and recreation.
1) 3.00 meters for urban areas
2) 20.00 meters in agricultural areas
3) 40.00 meters in forest areas
• Abutment of a Dam. Authority must first be secured from DPWH.

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Easement
Click to editRelating to Waters
Master title style

• Easement of Aqueduct. – the requisites are:


a. To prove that he can dispose of the water and that it is sufficient for the use
for which it is intended – this includes a water right under the Water Code
in proper cases.
b. To show that the propose right of way is the most convenient and the least
onerous to third persons.
c. To indemnify the owner of the servient estate in the manner determined by
the laws and regulations.
• Abutment or Construction of Stop-lock or sluice gate.

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Easement
Click to editof Righttitle
Master of Ways
style

• The owner, or any person who by virtue of a real right may cultivate or use any
immovable, which is surrounded by other immovable pertaining to other
persons and without adequate outlet to a public highway, is entitled to demand
a right of way through the neighboring estates, after payment of the proper
indemnity.

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Easement
Click to editof Righttitle
Master of Ways
style

• Requisites:
1. There is an estate that is surrounded by other immovable;
2. There must be no adequate outlet to a public highway;
3. There must be payment of indemnity;
4. It is demanded by the owner or one with real right
5. The isolation must not be due to the claimant’s own act;
6. The easement must be established at the point least prejudicial to the
servient estate – not necessarily the shortest distance.

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Easement
Click to editof Righttitle
Master of Ways
style

a. Needs of the Dominant Estate. It is the needs of the dominant property which
ultimately determine the width of the passage, and these needs may vary from
time to time.
b. Isolation after Sale, Exchange or Partition. The rule allowing a legal easement
of right of way applies to a piece of land that is acquired by sale, exchange or
partition that is surrounded by the estate of the seller, exchanger or co-owner.
c. Effect of opening of a public road, or joining the dominant tenement to another
with exit on public road – right of way is extinguished.

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Easement
Click to editof Partytitle
Master Wallstyle

• This wall divides two estates and is governed by Co-ownership.


• Presumption of Party Wall. The existence of an easement of party wall is
presumed, unless there is a title, or exterior sign, or proof to the contrary:
1. In dividing walls of adjoining buildings up to the point of common
elevation;
2. In dividing walls of gardens or yards situated in cities, towns, or in rural
communities
3. In fences, walls and live hedges dividing rural lands.

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Easement
Click to editof Partytitle
Master Wallstyle

• Rights:
1. The “co-owners” may use or make use of the wall in proportion to the right
he may have in the co-ownership without interfering with the common and
respective uses.
2. Right to Increase the Height: A part owner has the right to increase the
height of the wall at his own expense and with the obligation to pay any
damages incurred by other part owners.

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Easement
Click to editof Lighttitle
Master andstyle
View

• Easement of Light (jus luminum) - The right to admit light from neighboring
estate by virtue of the opening of a window or the making of certain openings.

• Restricted Windows. If the distances are not observed, one can only open
restricted windows for the admission of light and air (not for view) with the
following specifications: (1) it must be not more than 30 centimeters square (2)
it must be made at the height of ceiling joist or immediately under the ceiling,
and (3) it must have iron grating and wide screen.

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Easement
Click to editof Lighttitle
Master andstyle
View

• Easement of View (jus prospectus) - The right to make openings or windows to


enjoy the view thru the estate of another and the power to prevent all
constructions or works which could obstruct such view or make the same
difficult.
• Limitations: Windows, apertures, balconies or other similar projections can be
made only if the following distances are complied with:
1. Direct View - a distance of 2.00 meters between the outer line of the wall
or the projection. (Example: Balcony) and the contiguous property
(boundary) should be maintained.
2. Oblique View - a distance of 60 centimeters between the outer line of the
wall or the projection and the contiguous property.
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Easement
Click to editof Lighttitle
Master andstyle
View

• The limitations are for the opening or construction of windows, apertures,


balconies and the like. It is not the limit for the construction of a wall. The owner
can construct a wall in his land up to the boundary or dividing line but he
CANNOT OPEN a window.

• REMEDY. If the distances are not maintained, the owner of the adjoining lot can
ask for the closure of the window, aperture or balconies. The observance of the
prescribed distances DOES NOT give rise to prescription.

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Easement
Click to editof Drainage
Master of Buildings
title style

• The owner of a building shall be obliged to construct its roof or covering in such manner that the
rain water shall fall on his own land or on a street or public place, and not on the land of his
neighbor, even though the adjacent land may belong to two or more persons, one of whom is
the owner of the roof. Even if it should fall on his own land, the owner shall be obliged to collect
the water in such a way as not to cause damage to the adjacent land or tenement.

• The owner of a tenement or a piece of land, subject to the easement of receiving water falling
from roofs, may build in such manner as to receive the water upon his own roof or give it
another outlet in accordance with local ordinances or customs, and in such a way as not to
cause any nuisance or damage whatever to the dominant estate.

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Easement
Click to editof Intermediate
Master title style Distances

• The distances of constructions or plantings, aqueduct, well, sewer,


furnace, factory, depository of corrosive substances and the like
should observed the distances prescribed by special laws or
regulations.
• With respect to trees, in absence of regulations, the distances are:
(1) 2.00 meters from the dividing line of the estates if tall trees (2)
50 centimeters if shrubs or small trees.

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Easement
Click to editof Intermediate
Master title style Distances

• If the branches of any tree should extend over a neighboring estate,


tenement, garden or yard, the owner of the latter shall have the right
to demand that they be cut off insofar as they may spread over his
property, and, if it be the roots of a neighboring tree which should
penetrate into the land of another, the latter may cut them off himself
within his property.
• Fruits naturally falling upon adjacent land belong to the owner of
said land.

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Easement
Click to editagainst Nuisance
Master title style

• Every building or piece of land is subject to the easement which prohibits the proprietor or
possessor from committing nuisance through noise, jarring, offensive odor, smoke, heat, dust,
water, glare and other causes.
• A nuisance is any act, omission, establishment, business, condition of property, or anything else
which:
(1) Injures or endangers the health or safety of others; or
(2) Annoys or offends the senses; or
(3) Shocks, defies or disregards decency or morality; or
(4) Obstructs or interferes with the free passage of any public highway or street, or any
body of water; or
(5) Hinders or impairs the use of property.

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Easement
Click to editagainst Nuisance
Master title style

• Kinds of Nuisance
1. Public or Private
a. Public – affects a community or neighborhood or any considerable number of
persons, although the extent of the annoyance, danger or damage upon individuals
may be unequal.
b. Private – not included in the foregoing definitions.
2. Per se or Per Accidens
a. Nuisance Per se – any act, omission, establishment, business, condition of property,
or anything else which is a nuisance at all times and under all circumstances.
b. Nuisance Per Accidens. – any act, omission, establishment, business, condition of
property, or anything else which is a nuisance under certain circumstances like its
location.

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Easement
Click to editagainst Nuisance
Master title style

• REMEDIES AGAINST PUBLIC NUISANCE:


1. A prosecution under the Penal Code or any local ordinance
2. A civil action
3. Abatement, without judicial proceedings.

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Easement
Click to editagainst Nuisance
Master title style

• Private Persons. A private person may extrajudicial abate a public and private nuisance if the
following conditions are present:
1. That demand be first made upon the owner or possessor of the property to abate the
nuisance.
2. That such demand has been rejected;
3. That the abatement be approved by the district health officer and executed with the assistance
of the local police.
4. That the value of the destruction does not exceed three thousand pesos.
• REMEDIES AGAINST A PRIVATE NUISANCE.
1. Civil action
2. Abatement without judicial proceedings.

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Easement
Click to editof Lateral
Master titleand Subjacent Supports
style

• No proprietor shall make such excavations upon his land as to deprive any adjacent land or
building of sufficient lateral or subjacent support.

a. VOID STIPULATION - Any stipulation or testamentary provision allowing excavations that


cause danger to an adjacent land or building shall be void.

b. FUTURE BUILDINGS INCLUDED - The legal easement of lateral and subjacent support
is not only for buildings standing at the time the excavations are made but also for
constructions that may be erected in the future.

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Why These Laws are


Oppressive to the Poor

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Why to
Click These Laws are
edit Master titleOppressive
style to the Poor

• Lack of security of abode (house/land tenure) makes the poor


vulnerable to ejectment and anti-squatting laws. In particular, PD
772 which criminalizes squatting and prosecutes people who are
more the victims of government inadequacy than criminals.

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Thank You! And


Have a Good One!

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References:

1. http://www.hudcc.gov.ph/sites/default/files/styles/large/public/document/RA%207279.pdf
2. http://urbanlex.unhabitat.org/sites/default/files/philippines_republic_act_7279.pdf
3. http://urbanlex.unhabitat.org/law/152
4. http://www.hudcc.gov.ph/sites/default/files/styles/large/public/document/RA%208368.pdf
5. https://attykalibre.com/civil-cases/ejectment/
6. https://www.manilatimes.net/two-options-effecting-ejectment-lessee/126629/
7. https://business.inquirer.net/234473/possession-comes-different-forms
8. https://www.pdhre.org/materials/learning4.html
9. http://pinoyurbanpoor.wikifoundry.com/page/ABC%27s+of+Eviction+and+Demolition
10. https://batasnatin.com/law-library/civil-law/property/1248-easements-or-servitudes.html
11. https://batasnatin.com/law-library/civil-law/property/1260-legal-easements-easements-imposed-by-law.html
12. https://filipinohomes.com/blog/what-is-socialized-housing/
13. https://www.wipo.int/edocs/lexdocs/laws/en/ph/ph021en.pdf

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