- shall be the primary strategy in providing

shelter for the underprivileged and homeless.

 Must be Filipino citizen;
• Art 4 : citizenship
• Natural born vs. Naturalized
• Feb 2, 1987 adoption of the constitution
• Those whose fathers and mothers are citizens of
Philippines.
Those born before Jan 17 1973 of Filipino mothers who elect
filipino citizenship upon reaching the age of majorities (1935)
 Must be underprivileged and homeless citizen,
 Must not own real property whether in the urban or rural
areas
 Must not be a professional squatter or a member of
squatting syndicates.
 Section 1. Any person who, with the use of force,
intimidation or threat, or taking advantage of the
absence or tolerance of the landowner, succeeds in
occupying or possessing the property of the latter
against his will for residential commercial or any other
purposes, 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.
 “Professional squatters”
• refer to individuals or groups who occupy lands
without the express consent of the landowner and
who have sufficient income for legitimate housing.
 “Squatting Syndicates”
• refer to groups of persons engaged in the illegal
business of squatter housing for profit or gain.
-identify and register all beneficiaries
within their respective localities.
Framework plan whereby developers proposed
subdivision projects shall be required to develop an area
for socialized housing equivalent to at least 20% of the
total subdivision area or total subdivision project cost, at
the option of the developer, within the same city or
municipality, whenever feasible, and in accordance with
the standards set by the Housing And Land Use
Regulatory board and other existing laws.
 Actionagainst professional squatters
and squatting syndicates
• (LGU with PNP, PCUP shall adopt measures to
identify and effectively curtail the illegal activities
of pro squatters. Any person or group identified as
such shall be summarily evicted) (shall be
disqualified to avail the benefits of the program)
 Eviction and Demolition
• as a practice, these shall be discouraged. However,
may be allowed under the following situations:
 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
 when government infrastructure projects with available
funding are about to be implemented
 when there is a court order
 In the execution of eviction and demolition orders
involving underprivileged and homeless citizens
Ejectment is a common law term for civil action to recover
the possession of or title to land. It replaced the old real
actions and the various possessory assizes (denoting
county-based pleas to local sittings of the courts) where
boundary disputes often featured. Though still used in
some places, the term is now obsolete in many common
law jurisdictions, in which possession and title are sued by
the actions of eviction (also called possession proceedings)
and quiet title (or injunctive and/or declaratory relief),
respectively.
Proof of this is the level of pollution in most of Metro
Manila’s waterways. About 35% to 58% of the organic
pollution in the waterways of Metro Manila come from
domestic sources, both solid waste and sanitation. For
instance, all wastes including plastics thrown into rivers and
creeks by informal settlers living along waterways are being
blamed for causing the water levels to rise as they block the
natural flow of rivers and creeks. But plastic waste cannot
walk to the rivers themselves, unless these are deliberately
thrown into rivers and creeks.
The term unlawful detainer ordinarily refers to the conduct
of a tenant who is in possession of an apartment or leased
property and refuses to leave the premises upon the
expiration or termination of the lease. Typically, the
landlord wishes to evict the tenant for not paying the rent
or for endangering the safety of the other tenants or the
landlord's property. Under Common Law a landlord was
personally permitted to enter and remove a tenant by force
for nonpayment or violation of the lease.
 An easement is a real right constituted on
another’s property which must be
corporeal and immovable and the owner
of such will be abstained from doing or
allowing another person to do something
on his property for another thing or
person’s benefit. The right may be to use
the land’s surface or the air space above it.
 Itis also called a non-possessory interest
in real property because they give the
easement holder the right to use the
property but not to possess it

 ART 613. An easement or servitude is an

encumbrance imposed upon an
immovable for the benefit of another
immovable belonging to a different owner.
 Thelaw laid down the two parties in an
easement:
• Dominant estate
 which an immovable or real property in favor of which the
easement is established;
• Servient estate
 which the estate subject to the easement.
a) Real Right - It is a real right; it must be
registered in order to affect third persons;
b) Involves Immovable Property - It is an
encumbrance on another corporeal
immovable (not personal property);
c) Different Owners. It is an encumbrance on
the property belonging to another
d) It is a Real Easement. – It is for the benefit
of another immovable;
a) If it is Personal Easement. – it is for the benefit of
persons or a community.
e) Inseparability - It is inseparable from the
estate to which it is attached; the easement
f) 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.
g) No Possession - There is no transfer of possession; only
a burden is imposed
h) Cannot Change the Estate Benefitted - The owner of
the dominant estate cannot use the easement EXCEPT
for the benefit of the immovable originally
contemplated.
 As to its exercise:
a) Continous Easements. – the use, or may be,
incessant without the intervention of any act of
man;
b) Discontinous Easements. – used at intervals and
depend upon the acts of man. Example: Right of
Way.
 As to whether it is revealed:
a) Apparent Easements. – made known and are continually
kept in view by external signs that reveal the use and
enjoyment of the same. EXAMPLES: Right of way with a
concrete road; Easement of Aqueduct.
b) Non-apparent Easements. – no external signs of
existence. EXAMPLES: Right of way where the pathway is
not visible, lateral and subjacent support; easement of
intermediate distances.
 As to the type of burden imposed:
a) Positive Easement. – the owner of the servient estate
must allow something to be done in his property or
owner of the dominant estate will do an act himself.
These are called servitudes of intrusion/an or service.
(Examples: Light and view where the window is opened
in a party wall or when the owner is entitled to cut roots
the intrude upon his property under Art. 680.
b) Negative Easement. – the owner of the servient estate
must refrain from doing something which he could
lawfully do if the easement did not exist. (Example: Light
and view where the window is opened in one’s own
wall).
 As to how it is established:
a) Legal – established by law
b) Voluntary – established by will of the parties
a) Prescription of 10 years
b) Title
c) By deed of recognition and by final judgment
d) Existence of apparent at the time of the sale
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.
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.
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.
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.
1) By merger in the same person of the ownership of
the dominant and servient estates;
2) By non-user for ten years ( discontinous 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
Easements imposed by law that have for
their object either public use or the
interest of private persons.
1) Easement relating to waters;
2) Easement of Right of Way
3) Easement of Party Wall
4) Easement of Light and View
5) Easement of Drainage
6) Easement of Intermediate Distances
7) Easement Against Nuisance
8) Easement of Lateral and Subjacent Support
a) Natural Drainage of lands. Lower estates are obliged to
receive water from the higher estates.
b) Easement along reparian banks of rivers, streams and
shores of seas and lakes for navigation, floatage, fishing,
salvage and recreation
 1) 3 meters for urban areas
2) 20 meters in agricultural areas
3) 40 meters in forest areas
c) Abutment of a Dam. Authority must first be secured from
DPWH.
d) Easement of Aqueduct. – the requisites
are:
1) To prove that he can dispose of the water and that it
is sufficient for the use for whichit is intended – this
includes a water right under the Water Code in
proper cases.
2) To show that the propose right of way is the most
convenient and the least onerous to third persons
3) To indemnify the owner of the servient estate in the
manner determined by the laws and regulations.
e) Abutment or Construction of Stop-lock or
sluice gate.
 The owner, or any person who by
virtue of a real right may cultivate or use any
immovable, which is surrounded by other
immovables 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.
1) There 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.
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.
 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.
 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.
 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.
 EASEMENT OF VIEW (JUS PROSPECTUS)
• It is the right to opening or constructing windows,
apertures, balconies or other similar projections or
openings to afford the dominant estator a view,
whether direct or oblique towards adjoining lands or
tenements. It includes the easement of light and air.
 LIMITATIONS:
• Windows, apertures, balconies or other similar
projections can be made only if the following
distances are complied with:
 DIRECT VIEW. a distance of 2 METERS between the outer
line of the wall or the projection. (Example: Balcony) and
the contiguous property (boundary) should be
maintained.
 OBLIQUE VIEW. a distance of 60 centimeters between the
outer line of the wall or the projection and the
What the Limitations are for. 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.
 It is the right to have light and air
admitted to one’s estate.
 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
No easement is acquired just by observing
the distances specified above both for
regular windows and restricted windows. It
can be acquired only by title (Example:
agreement) or through prescription. Hence,
the owner of the adjoining tenement can
block the light and view by constructing his
own building or wall.
 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.
a) With respect to trees, in absence of
regulations, the distances are: (1) 2
meters from the dividing line if tall trees
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
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
Any act, omission, establishment, business,
condition of property or anything else
which:
1) Injures or endangers the health or safety
of others;
2) Annoys or offends the senses;
3) Shocks, defies or disregards decency or
morality;
4) Obstructs or interferes with the free
passage of any public highway or street,
or any body of water
5) Hinders or impairs the use of property.
a) Public or Private.
 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.

 Private – not included in the foregoing

definitions
b) Per se and Per Accidens.
1) 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.

2) Nuisance Per Accidens. – any act,

omission, establishment, business, condition
of property, or anything else which is a
nuisance under certain circumstances like its
location.
1) A prosecution under the Penal Code or
any local ordinance
2) A civil action
3) Abatement, without judicial proceedings.
• Private Persons. A private person may
extrajudicialy 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
1) Civil action
2) Abatement without judicial
proceedings