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Legal Explanation
Legal Explanation
Definition & Nature
Definition & Nature
An easement of right of way is a legal privilege granted to the owner of a landlocked property (dominant estate) to pass through a neighboring property (servient estate) to access a public highway.
An easement of right of way is a legal privilege granted to the owner of a landlocked property (dominant estate) to pass through a neighboring property (servient estate) to access a public highway.
Legal Basis
Legal Basis
The Civil Code of the Philippines, particularly
The Civil Code of the Philippines, particularly
Articles 649-651, Civil Code of the Philippines
Articles 649-651, Civil Code of the Philippines
Law
Law
governs
governs
the easement of right of way. The law provides that:
the easement of right of way. The law provides that:
The owner of an immovable surrounded by other immovables and without adequate outlet to a public highway is entitled to demand a right of way through neighboring estates, after payment of proper indemnity.
The easement must be established at the point least prejudicial to the servient estate and, as much as possible, where the distance to the public highway is shortest.
The owner of an immovable surrounded by other immovables and without adequate outlet to a public highway is entitled to demand a right of way through neighboring estates, after payment of proper indemnity.
The easement must be established at the point least prejudicial to the servient estate and, as much as possible, where the distance to the public highway is shortest.
These requisites are consistently upheld in Supreme Court decisions, such as in
These requisites are consistently upheld in Supreme Court decisions, such as in
Vargas, et al. v. Sta. Lucia and Development
Vargas, et al. v. Sta. Lucia and Development
Inc., G.R. No. 191997 (2022)
Inc., G.R. No. 191997 (2022)
Jurisprudence
Jurisprudence
,
,
and DeWilliams, et. all. v Zerda. G.R. No 207146 (2017)
and DeWilliams, et. all. v Zerda. G.R. No 207146 (2017)
Jurisprudence
Jurisprudence
Lee v. Carreon, et al.., G.R No. 149023 (2007)
Lee v. Carreon, et al.., G.R No. 149023 (2007)
Jurisprudence
Jurisprudence
and
and
Republic Act No. 12023 (2024)
Republic Act No. 12023 (2024)
Issuance
Issuance
The Spouses formally offered the following evidence: the transfer certificates of title (TCTs), bracketed sketch plans, tax declarations, and real property tax receipts of the VRC and Outside Lots; a copy of the October 5, 2001 demand letter; and the Deed of Sale for the VRC Lot.[25] In turn, SLR offered the following evidence: sales plan of VRC; the VRC Deed of Restrictions; the TCT for the VRC Lot; the original contract to sell between SLR and the first buyer of the VRC Lot.
The Spouses formally offered the following evidence: the transfer certificates of title (TCTs), bracketed sketch plans, tax declarations, and real property tax receipts of the VRC and Outside Lots; a copy of the October 5, 2001 demand letter; and the Deed of Sale for the VRC Lot.[25] In turn, SLR offered the following evidence: sales plan of VRC; the VRC Deed of Restrictions; the TCT for the VRC Lot; the original contract to sell between SLR and the first buyer of the VRC Lot.
—
—
Inc., G.R. No. 191997 (2022)
Inc., G.R. No. 191997 (2022)
Jurisprudence
Jurisprudence
“
“
Indemnity
Indemnity
The owner of the dominant estate must pay indemnity to the owner of the servient estate. If the easement is permanent, indemnity includes the value of the land occupied and damages caused. If it is only for temporary passage (e.g., for cultivation), indemnity is limited to damages caused.
The owner of the dominant estate must pay indemnity to the owner of the servient estate. If the easement is permanent, indemnity includes the value of the land occupied and damages caused. If it is only for temporary passage (e.g., for cultivation), indemnity is limited to damages caused.
AI Summary
AI Summary
Issuance
Issuance
Principals and contractors are held solidarily liable for labor violations, and contractors must register with the Department of Labor and Employment (DOLE), meeting strict requirements and undergoing regular inspections and reporting.
Principals and contractors are held solidarily liable for labor violations, and contractors must register with the Department of Labor and Employment (DOLE), meeting strict requirements and undergoing regular inspections and reporting.
Explain easement of right of way|
Law
Law
Jurisprudence
Jurisprudence
Jurisprudence
Jurisprudence
Jurisprudence
Jurisprudence
Issuance
Issuance
Key Citations
Key Citations
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Legal Explanation
Definition & Nature
An easement of right of way is a legal privilege granted to the owner of a landlocked property (dominant estate) to pass through a neighboring property (servient estate) to access a public highway.
Legal Basis
The Civil Code of the Philippines, particularly
Articles 649-651, Civil Code of the Philippines
Law
governs
the easement of right of way. The law provides that:
The owner of an immovable surrounded by other immovables and without adequate outlet to a public highway is entitled to demand a right of way through neighboring estates, after payment of proper indemnity.
The easement must be established at the point least prejudicial to the servient estate and, as much as possible, where the distance to the public highway is shortest.
These requisites are consistently upheld in Supreme Court decisions, such as in
Vargas, et al. v. Sta. Lucia and Development
Inc., G.R. No. 191997 (2022)
Jurisprudence
,
and DeWilliams, et. all. v Zerda. G.R. No 207146 (2017)
Jurisprudence
Lee v. Carreon, et al.., G.R No. 149023 (2007)
Jurisprudence
and
Republic Act No. 12023 (2024)
Issuance
The Spouses formally offered the following evidence: the transfer certificates of title (TCTs), bracketed sketch plans, tax declarations, and real property tax receipts of the VRC and Outside Lots; a copy of the October 5, 2001 demand letter; and the Deed of Sale for the VRC Lot.[25] In turn, SLR offered the following evidence: sales plan of VRC; the VRC Deed of Restrictions; the TCT for the VRC Lot; the original contract to sell between SLR and the first buyer of the VRC Lot.
—
Inc., G.R. No. 191997 (2022)
Jurisprudence
“
Indemnity
The owner of the dominant estate must pay indemnity to the owner of the servient estate. If the easement is permanent, indemnity includes the value of the land occupied and damages caused. If it is only for temporary passage (e.g., for cultivation), indemnity is limited to damages caused.
AI Summary
Issuance
Principals and contractors are held solidarily liable for labor violations, and contractors must register with the Department of Labor and Employment (DOLE), meeting strict requirements and undergoing regular inspections and reporting.
Explain easement of right of way|
Law
Jurisprudence
Jurisprudence
Jurisprudence
Issuance
Key Citations
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Legal Explanation
Definition & Nature
An easement of right of way is a legal privilege granted to the owner of a landlocked property (dominant estate) to pass through a neighboring property (servient estate) to access a public highway.
Legal Basis
The Civil Code of the Philippines, particularly
Articles 649-651, Civil Code of the Philippines
Law
governs
the easement of right of way. The law provides that:
The owner of an immovable surrounded by other immovables and without adequate outlet to a public highway is entitled to demand a right of way through neighboring estates, after payment of proper indemnity.
The easement must be established at the point least prejudicial to the servient estate and, as much as possible, where the distance to the public highway is shortest.
These requisites are consistently upheld in Supreme Court decisions, such as in
Vargas, et al. v. Sta. Lucia and Development
Inc., G.R. No. 191997 (2022)
Jurisprudence
,
and DeWilliams, et. all. v Zerda. G.R. No 207146 (2017)
Jurisprudence
Lee v. Carreon, et al.., G.R No. 149023 (2007)
Jurisprudence
and
Republic Act No. 12023 (2024)
Issuance
The Spouses formally offered the following evidence: the transfer certificates of title (TCTs), bracketed sketch plans, tax declarations, and real property tax receipts of the VRC and Outside Lots; a copy of the October 5, 2001 demand letter; and the Deed of Sale for the VRC Lot.[25] In turn, SLR offered the following evidence: sales plan of VRC; the VRC Deed of Restrictions; the TCT for the VRC Lot; the original contract to sell between SLR and the first buyer of the VRC Lot.
—
Inc., G.R. No. 191997 (2022)
Jurisprudence
“
Indemnity
The owner of the dominant estate must pay indemnity to the owner of the servient estate. If the easement is permanent, indemnity includes the value of the land occupied and damages caused. If it is only for temporary passage (e.g., for cultivation), indemnity is limited to damages caused.
AI Summary
Issuance
Principals and contractors are held solidarily liable for labor violations, and contractors must register with the Department of Labor and Employment (DOLE), meeting strict requirements and undergoing regular inspections and reporting.
Explain easement of right of way|
Law
Jurisprudence
Jurisprudence
Jurisprudence
Issuance
Key Citations
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An employment contract for an employee in the Philippines requires strict compliance with DOLE regulations, particularly those under the latest rules implementing Articles 106 to 109 of the Labor Code. The contract must specify job details, employment terms, wage rates, and ensure all statutory rights and benefits are protected, or risk the principal being deemed the direct employer under the law.
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AI SUMMARY: Principals and contractors are held solidarily liable for labor violations, and contractors must register with the Department of Labor and Employment (DOLE), meeting strict requirements and undergoing regular inspections and reporting.
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Where should I base my employment contract that is compliant to Philippine governing law?
An employment contract for an employee in the Philippines requires strict compliance with DOLE regulations, particularly those under the latest rules implementing Articles 106 to 109 of the Labor Code. The contract must specify job details, employment terms, wage rates, and ensure all statutory rights and benefits are protected, or risk the principal being deemed the direct employer under the law.
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DOLE Department Order No. 40-B, Series of 2003
DOLE Department Order No. 40-B, Series of 2003
Issuance
Issuance
AI SUMMARY: Principals and contractors are held solidarily liable for labor violations, and contractors must register with the Department of Labor and Employment (DOLE), meeting strict requirements and undergoing regular inspections and reporting.
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