Re:
Can residents petition to evict a tenant?
NO. Only court may lawfully evict a tenant, or a landlord upon breach of contract by the
lessee (tenant).
Re: Can Respondent file a counterclaim while there is a pending complaint
against him?
YES. A counterclaim is commonly included as a section within the respondent’s answer.
Answer should first set forth the respondent’s initial response to the complaint, admit or
deny, then establish a counterclaim where the respondent temporarily becomes the
complainant.
No basis in barring respondent from filing counterclaim.
Re: Katarungang Pambarangay
Objective is always to settle amicably on a barangay level -not all disputes are covered by KP
1. Through mediation by punong barangay (kapitan)
2. If not settled, parties will constitute a uupong Tagapamayapa
3. If not settled, barangay may issue a Certificate to File Action – resort to courts
Mediation – third person facilitates the settlement, but is not involved
Conciliation – third person is actively involved
Arbitration – at any stage (with kapitan or with lupon), parties may agree to submit to
arbitration
Re:
Rights and Obligations of Dominant and Servient Estates
Obligations of the DOMINANT ESTATE
(a) He cannot alter the easement (must notify and cause the least inconvenience to the
servient estate ownber) (Art. 627, Civil Code).

“Dominant estate owner may make, at his own expense, on the servient
estate any works necessary for the use and preservation of the servitude,
BUT without altering it or rendering it more burdensome”
(b) He cannot make it more burdensome. (Art. 627).
1) Thus, he cannot use the easement except for movable originally contemplated.
(Art. 626).
2) In the easement of right of way, he cannot increase the agreed width of the
path, nor deposit soil or materials outside of the boundaries agreed upon (for these
acts would be increasing the burden), BUT he may allow OTHERS to use the path (this really
does NOT increase the burden) EXCEPT if the contrary has been stipulated. (Valderrama v.
North Negros SugarCo., 48 Phil. 492).
Art. 630
(c) If there be several dominant estates, each must contribute to necessary repairs and
expenses in proportion to the BENEFITS received by each estate (and NOT in proportion
to the VAuUE of each estate). (In the absence of proof, we should presume the benefits to
be equal). (4 Manresa 650-651).
(d) Regarding the making of repairs, see limitations in letter (b)
Rights of the SERVIENT ESTATE (grantor)
(a) to retain ownership and possession of the portion of his land affected by the
easement (Art. 630) even if indemnity for the right is given (as in the case of the easement
of right of way) (Art. 649), unless the contrary has been stipulated.
(b) to make USE of the easement, unless deprived by stipulation (2 Valverde 356)
provided that the exercise of the easement is not adversely affected (Art. 630) and
provided further that he contributes to the expenses in proportion to BENEFITS received,
unless there is a contrary stipulation. (Art. 628, par. 2).
(c) to change the location of a very inconvenient easement provided that an equally
convenient substitute is made, without injury to the dominant estate. (Art. 629, par. 2).
Obligations of the SERVIENT ESTATE
(a) He cannot impair the use of the easement. (Art. 629, par.1).
(b) He must contribute to the expenses in case he uses the easement, unless there is a
contrary stipulation. (Art. 628, par. 2).
c) In case of impairment, to restore conditions to the status quo at his expense plus
damages. In case of obstruction, as when he fences the original right of way, and offers an
inconvenient substitute way, which is farther and requires turning at a sharp angle, he may
be restrained by injunction). (Resolme v. uazo, 27 Phil. 416).
(d) To pay for the expenses incurred for the change of location or form of the easement (in
the proper case). (Art. 629, par. 2).
MODES OF EXTINGUISHMENT OF EASEMENTS
Art. 631. Easements are extinguished:
(1) By merger in the same person of the ownership of the dominant and
servient estates;
(2) By non-user for ten years; with respect to discontinuous easements, this period shall be
computed from the day on which they ceased to be used; and, with respect to continuous
easements from the day on which an act contrary to the same took place;
(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, unless when the use becomes possible, suffi cient time for
prescription has elapsed, in accordance with the provisions of the preceding number;
(4) By the expiration of the term or the fulfi llment 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
Re:
Easement of Right of Way
A right of way is a legal easement allowing a person or entity access through another's
property to reach their own. This right ensures the beneficial use of the property,
particularly when it is landlocked or inaccessible.
Under Article 649 of the Civil Code, an owner of a property without access to a public road
has the right to demand a right of way from neighboring landowners, provided certain
conditions are met. The article states:
“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 proper indemnity.”
Conditions for the Right of Way
For a property owner to successfully demand a right of way, the following conditions must
be satisfied:
1. Landlocked Property (Enclosed Property)
The property requesting the right of way must have no adequate outlet to a public
road. The absence of such access is a prerequisite to invoke this right.
2. Indemnity to the Neighboring Landowner
The law requires the party demanding the easement to compensate the owner of
the property through which the right of way is to be established.
3. Shortest Distance to the Public Road
The right of way must be located at the point where the distance to the public road
is shortest, minimizing the burden on the neighboring property.
4. Least Prejudice to the Neighboring Property
The location of the right of way must consider the least inconvenience to the
property through which it passes.
5. Reasonable Necessity
The right of way must be essential for the use of the landlocked property. If access is
already available through other means (e.g., an alternate route, even if
inconvenient), the right of way cannot be demanded.
Types of Rights of Way
1. Voluntary Right of Way - Created through a written agreement or contract between
the landlocked property owner and the neighboring property owner.
2. Legal Right of Way - Imposed by law, as provided in Article 649, when there is no
other means of access.
3. Judicially Enforced Right of Way - When disputes arise, the right of way can be
judicially mandated, following proper legal proceedings.
Steps to Establish a Right of Way
1. Negotiation - Engage with the neighboring property owner to amicably agree on the
location and terms of the easement. A written agreement is advisable to formalize
the arrangement.
2. Indemnification - Offer a reasonable payment as compensation for the
inconvenience caused by the right of way.
3. Formalization - Have the agreement notarized and annotated in the Registry of
Deeds to ensure its enforceability.
4. Judicial Action (if Necessary) - If negotiations fail, the property owner may file a case
before the Regional Trial Court to seek judicial enforcement of the right of way.
Denial of Right of Way
The demand for a right of way may be denied if:
-
The property is not truly landlocked and has alternative access, even if inconvenient.
The easement would cause undue prejudice to the neighboring property owner.
-
The property owner demanding the easement is unwilling to provide indemnity.
Resolution of Disputes
When disputes arise, courts will consider factors such as the necessity of the easement, the
extent of the prejudice to the servient estate, and the suitability of the proposed location. A
court decision granting the right of way will require proper registration to ensure
enforceability.
Easement Extinguishment
An easement of right of way may be extinguished if:

The necessity for the easement ceases to exist.

The dominant estate acquires direct access to the public road.

Both properties come under common ownership.
Re:
Prohibition on obstruction within 3 meters from water bodies
ART. 638, CIVIL CODE (Easements Relating to Waters). The banks of rivers and streams, even
in case they are of private ownership, are subject throughout their entire length and within a
zone of three meters along their margins, to the easement of public use in the general interest
of navigation, floatage, fishing and salvage. […]
If it be necessary for such purpose to occupy lands of private ownership, the proper indemnity
shall first be paid.
ART. 51, WATER CODE (PD 1067). 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.
Notes:

Government, through expropriation (requires valid delegation from congress), may
extend the easement to more than 3 meters if necessary.

These zones are subject to an easement of public use for purposes such as recreation,
navigation, floatage, fishing, and salvage. Importantly, no permanent structures may
be built within these easement zones, as they are intended to remain open and
unobstructed.
o Water easement applies even if the water is not being used for recreation,
navigation, floatage, fishing, salvage, and similar activities.
 Other purposes: flood control, environmental conservation.
o Dried creeks, although they may not always be actively flowing, are still natural
conduits for rainwater during the wet season.
o Therefore, the easement is anchored on the existence of the water body, not
on its use or function.

Creeks, being smaller streams, are explicitly covered under this provision, as the Code
defines "streams" broadly to include any continuous or intermittent flowing
watercourse.

Complementing the Water Code is the National Building Code of the Philippines (PD
1096, 1977), which integrates setback requirements into the building permit process.
Under Rule VII of its Implementing Rules and Regulations (IRR), buildings must comply
with easements and setbacks prescribed by other laws, including those for water
bodies. Section 704 specifies that no building shall be constructed within the
easement zones defined by the Water Code, and local building officials are required
to verify compliance before issuing permits. Violations can result in the denial of
occupancy permits or demolition orders.
Ownership vs. Use (Source: uegal Easement Rights Along Subdivision Creek)
It is common for the subdivision developer or homeowners’ association to hold title to the
creek or the land directly adjacent to the creek if it is included in the approved plan.
However, even if privately owned, the property remains subject to the legal easement for
public use and environmental protection. This means:


The landowner (or homeowners’ association) cannot fence off the easement area in
a way that denies access for lawful purposes (like maintenance or emergency
drainage).
The general public typically has limited rights to pass along the creek bank under
certain conditions (e.g., salvage, recreation, or navigation), but these rights do not
automatically translate into a free-for-all public walkway. The nature and extent of
“public use” is often regulated by the uGU.