LEGAL

EASEMENT
A LEGAL EASEMENT OR
COMPULSORY EASEMENT, OR
AN EASEMENT BY NECESSITY
CONSTITUTED BY LAW HAS
FOR ITS OBJECT EITHER
PUBLIC USE OR THE INTEREST
OF PRIVATE PERSONS.
(CIVIL CODE ART. 634, NCC. SEE ALSO PILAR DEVELOPMENT
CORPORATION V. DUMADAG; GR NO. 194336 CITING
ARTICLE 635
“ALL MATTERS CONCERNING
EASEMENTS ESTABLISHED FOR
PUBLIC OR COMMUNAL USE SHALL
BE GOVERNED BY THE SPECIAL
LAWS AND REGULATIONS RELATING
THERETO, AND IN THE ABSENCE
THEREOF, BY THE PROVISIONS OF
THIS TITLE [TITLE VII ON
EXECUTIVE ORDER NO. 192
MANDATES THE DENR TO BE THE PRIMARY GOVERNMENT
AGENCY RESPONSIBLE FOR THE CONSERVATION,
MANAGEMENT, DEVELOPMENT, AND PROPER USE OF THE
COUNTRY’S ENVIRONMENT AND NATURAL RESOURCES,
SPECIFICALLY FOREST AND GRAZING LANDS, MINERAL
RESOURCES, INCLUDING THOSE IN RESERVATION AND
WATERSHED AREAS, AND LANDS OF THE PUBLIC DOMAIN,
AS WELL AS THE LICENSING AND REGULATION OF ALL
NATURAL RESOURCES AS MAY BE PROVIDED FOR BY LAW
IN ORDER TO ENSURE EQUITABLE SHARING OF THE
BENEFITS DERIVED THEREFROM FOR THE WELFARE OF THE
PRESENT AND FUTURE GENERATIONS OF FILIPINOS.
TO ACCOMPLISH THIS MANDATE, THE DEPARTMENT SHALL BE
GUIDED BY THE FOLLOWING OBJECTIVES:
• ASSURE THE AVAILABILITY AND SUSTAINABILITY OF THE COUNTRY'S
NATURAL RESOURCES THROUGH JUDICIOUS USE AND SYSTEMATIC
RESTORATION OR REPLACEMENT, WHENEVER POSSIBLE
• INCREASE THE PRODUCTIVITY OF NATURAL RESOURCES IN ORDER TO
MEET THE DEMANDS FOR FOREST, MINERAL, AND LAND RESOURCES
OF A GROWING POPULATION;
• ENHANCE THE CONTRIBUTION OF NATURAL RESOURCES FOR
ACHIEVING NATIONAL ECONOMIC AND SOCIAL DEVELOPMENT;
• PROMOTE EQUITABLE ACCESS TO NATURAL RESOURCES BY THE
DIFFERENT SECTORS OF THE POPULATION; AND
• CONSERVE SPECIFIC TERRESTRIAL AND MARINE AREAS
REPRESENTATIVE OF THE PHILIPPINE NATURAL AND CULTURAL
HERITAGE FOR PRESENT AND FUTURE GENERATIONS.
SECTION 78, OF PRESIDENTIAL
DECREE NO. 705, AS AMENDED,
OTHERWISE KNOWN AS THE REVISED
FORESTRY CODE OF THE
PHILIPPINES:
SECTION 20. NO PERSON MAY
UTILIZE, EXPLOIT, OCCUPY,
POSSESS OR CONDUCT ANY
ACTIVITY WITHIN ANY FOREST OR
GRAZING LAND XXX, UNLESS HE
HAD BEEN AUTHORIZED TO DO
UNDER A LICENSE AGREEMENT,
LICENSE, LEASE OR PERMIT XXX;
SECTION 78. UNLAWFUL OCCUPATION OR DESTRUCTION OF
FOREST LANDS. 

ANY PERSON WHO ENTERS AND OCCUPIES OR

POSSESSES, OR MAKES KAINGIN FOR HIS OWN
PRIVATE USE OR FOR OTHERS ANY FOREST LAND
WITHOUT AUTHORITY UNDER A LICENSE
AGREEMENT, LEASE, LICENSE OR PERMIT, OR IN
ANY MANNER DESTROYS SUCH FOREST LAND OR
PART THEREOF, OR CAUSES ANY DAMAGE TO THE
TIMBER STAND AND OTHER PRODUCTS AND
FOREST GROWTHS FOUND THEREIN, OR WHO
ASSISTS, AIDS OR ABETS ANY OTHER PERSON TO
DO SO, OR SETS A FIRE, OR NEGLIGENTLY
SHALL, UPON CONVICTION, BE FINED IN AN
AMOUNT OF NOT LESS THAN FIVE HUNDRED
PESOS (P500.00) NOR MORE THAN TWENTY
THOUSAND PESOS (P20,000.00) AND IMPRISONED
FOR NOT LESS THAN SIX (6) MONTHS NOR MORE
THAN TWO (2) YEARS FOR EACH SUCH OFFENSE,
AND BE LIABLE TO THE PAYMENT OF TEN (10)
TIMES THE RENTAL FEES AND OTHER CHARGES
WHICH WOULD HAVE BEEN ACCRUED HAD THE
OCCUPATION AND USE OF THE LAND BEEN
AUTHORIZED UNDER A LICENSE AGREEMENT,
LEASE, LICENSE OR PERMIT: XXX
 PRESIDENTIAL DECREE NO. 1067
(WATER CODE OF THE PHILIPPINES)
ARTICLE 51. THE BANKS OF RIVERS AND STREAMS AND THE
SHORES OF THE SEAS AND LAKES THROUGHOUT THEIR ENTIRE
LENGTH AND WITHIN A ZONE OF THREE (3) METERS IN URBAN
AREAS, TWENTY (20) METERS IN AGRICULTURAL AREAS AND
FORTY (40) METERS IN FOREST AREAS, ALONG THEIR MARGINS
ARE SUBJECT TO THE EASEMENT OF PUBLIC USE IN THE INTEREST
OF RECREATION, NAVIGATION, FLOATAGE, FISHING AND SALVAGE.
NO PERSON SHALL BE ALLOWED TO STAY IN THIS ZONE LONGER
THAN WHAT IS NECESSARY FOR RECREATION, NAVIGATION,
FLOATAGE, FISHING OR SALVAGE OR TO BUILD
STRUCTURES OF ANY KIND.
DENR ADMINISTRATIVE ORDER NO.
99-21; JUNE 11, 1999

SUPERSEDING DAO NO. 97-05 AND

PRESCRIBING THE REVISED
GUIDELINES IN THE IMPLEMENTATION
OF THE PERTINENT PROVISIONS OF
R.A. 1273, P.D. 705 AND P.D. 1273
 LOCAL GOVERNMENT
CODE:
(R.A. 7160)

MAYORS MAY ISSUE

DEMOLITION ORDERS
OF ILLEGALLY
CONSTRUCTED
ESTABLISHMENTS
• SECTION 16. GENERAL
WELFARE.
“EVERY LOCAL GOVERNMENT UNIT
SHALL EXERCISE THE POWERS
EXPRESSLY GRANTED, THOSE
NECESSARILY IMPLIED THEREFROM,
AS WELL AS POWERS NECESSARY,
APPROPRIATE, OR INCIDENTAL FOR ITS
EFFICIENT AND EFFECTIVE
WITHIN THEIR RESPECTIVE
TERRITORIAL JURISDICTIONS, LOCAL
GOVERNMENT UNITS SHALL ENSURE
AND SUPPORT, AMONG OTHER
THINGS, THE PRESERVATION AND
ENRICHMENT OF CULTURE, PROMOTE
HEALTH AND SAFETY, ENHANCE THE
RIGHT OF THE PEOPLE TO A
BALANCED ECOLOGY...”
SECTION 444. THE CHIEF EXECUTIVE: POWERS, DUTIES, FUNCTIONS, AND
COMPENSATION
(B)FOR EFFICIENT, EFFECTIVE AND ECONOMICAL GOVERNANCE THE PURPOSE OF WHICH IS THE
GENERAL WELFARE OF THE MUNICIPALITY AND ITS INHABITANTS PURSUANT TO SECTION 16 OF
THIS CODE, THE MUNICIPAL MAYOR SHALL:
(3) (XXX)

(VI) REQUIRE OWNERS OF ILLEGALLY CONSTRUCTED HOUSES,

BUILDINGS OR OTHER STRUCTURES TO OBTAIN THE NECESSARY
PERMIT, SUBJECT TO SUCH FINES AND PENALTIES AS MAY BE IMPOSED
BY LAW OR ORDINANCE, OR TO MAKE NECESSARY CHANGES IN THE
CONSTRUCTION OF THE SAME WHEN SAID CONSTRUCTION VIOLATES
ANY LAW OR ORDINANCE, OR TO ORDER THE DEMOLITION OR
REMOVAL OF SAID HOUSE, BUILDING OR STRUCTURE WITHIN THE
PERIOD PRESCRIBED BY LAW OR ORDINANCE
REPUBLIC ACT NO.
7922
AN ACT ESTABLISHING A
SPECIAL ECONOMIC ZONE AND
FREE PORT IN THE
MUNICIPALITY OF SANTA ANA
AND THE NEIGHBORING
ISLANDS IN THE MUNICIPALITY
OF APARRI, PROVINCE OF
CAGAYAN, PROVIDING FUNDS
THEREFOR, AND FOR OTHER
PURPOSES.
SEC. 6. POWERS AND FUNCTIONS OF THE CAGAYAN ECONOMIC
ZONE AUTHORITY.
THE CAGAYAN ECONOMIC ZONE AUTHORITY SHALL HAVE THE FOLLOWING
POWERS AND FUNCTIONS:

(G) TO PROTECT, PRESERVE, MAINTAIN AND DEVELOP THE

VIRGIN FORESTS, BEACHES, CORAL AND CORAL REEFS
WITHIN THE ZONE.THE VIRGIN FOREST WITHIN THE ZONE
WILL BE PROCLAIMED AS A NATIONAL PARK AND WILL BE
COVERED BY A PERMANENT TOTAL LOG BAN.FOR THIS
PURPOSE, THE RULES AND REGULATIONS OF THE
DEPARTMENT OF ENVIRONMENT AND NATURAL
RESOURCES AND OTHER GOVERNMENT AGENCIES
INVOLVED IN THE ABOVE FUNCTIONS SHALL BE
CASE:

PILAR DEVELOPMENT
CORPORATION V. RAMON
DUMADAG ET. AL
G.R. NO. 194336