- Shall Be The Primary Strategy In Providing Shelter For The Underprivileged And Homeless

- 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.

 Action

against 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.

 It

is 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.

 The

law 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) b)

c) d)

Real Right - It is a real right; it must be registered in order to affect third persons; Involves Immovable Property - It is an encumbrance on another corporeal immovable (not personal property); Different Owners. It is an encumbrance on the property belonging to another 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

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. f)

 As a)

b)

to its exercise: Continous Easements. – the use, or may be, incessant without the intervention of any act of man; Discontinous Easements. – used at intervals and depend upon the acts of man. Example: Right of Way.

 a)

b)

As to whether it is revealed: 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. 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 a) b)

to how it is established: Legal – established by law Voluntary – established by will of the parties

a) b) c) d)

Prescription of 10 years Title By deed of recognition and by final judgment Existence of apparent at the time of the sale

1. 2.

3.

To use the easement or the burden on the servitude. To make on the servient estate any works necessary for the use and preservation of the servitude without altering or rendering it more burdensome. 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) 2)

Not to alter or render more burdensome the easement: To notify the owner of the servient estate of the need to make works necessary for its preservation and use.

1)

2) 3)

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

1) 2) 3)

Not to impair the use of the easement: Contribute to the necessary expenses in case he uses the easement To provide for an equally convenient place and manner of the easement and incur the expenses for such change.

1) 2)

3)

4)

5)

By merger in the same person of the ownership of the dominant and servient estates; By non-user for ten years ( discontinous easement the period shall be computed from the day on which they ceased to be used) 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. By the expiration of the term or the fulfillment of the condition, if the easement is temporary or conditional 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

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. a)

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) 2) 3) 4) 5) 6)

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

a)

b)

c)

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. 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. 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) 2) 3)

A prosecution under the Penal Code or any local ordinance A civil action 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) 2)

Civil action Abatement without judicial proceedings