Legal Insights
Plain-language guides and case briefs on Philippine law — researched from the firm's law library of 184,000+ statutes, Supreme Court decisions, and agency issuances, and written so non-lawyers can understand and act on them.
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Navigating Right of Way Disputes in the Philippines: When Convenience Doesn't Equal Necessity
Philippine law on easements of right of way requires real necessity, not mere convenience. Learn from the Dichoso v. Marcos case.
Lateral and Subjacent Support: Excavation Limits for Adjacent Landowners in the Philippines
Philippine Supreme Court clarifies the legal easement of lateral and subjacent support between adjacent landowners and its effect on property titles.
Extinguishment of Easement When Ownership Unites Rights May Fade
When one person owns both the dominant and servient estates, an easement of right of way may be extinguished by operation of law.
Just Compensation AND Easement Landowner Rights VS Public USE
Easement of Right of Way: Actual Knowledge Binds Even Without Registration
A registered owner cannot ignore an existing right of way he knows about, even if the easement is not annotated on the title.
Right of Way Cannot Be Acquired by Continuous Use Alone; Title or Written Agreement Required
Philippine Supreme Court ruling: easement of right of way is discontinuous, cannot be acquired by prescription or mere continuous use.
Just Compensation for Right-of-Way Easement: Full Market Value, Not 10% Fee
When power lines cross private land, owners may get full market value, not just a 10% easement fee.
Easement Rights in Property Use Disputes: The Legaspi Towers 300 Case
Supreme Court clarifies when easements arise in property disputes, explaining voluntary easements, apparent signs, and unjust enrichment under Philippine law.
Voluntary Easements Survive: Why Adequate Access Does Not Cancel a Granted Right of Way
A voluntary right of way cannot be cancelled just because the dominant estate gains another outlet. Learn the rule from a 2009 Supreme Court case.
Voluntary Easements: Enforceability and Extinguishment of Right of Way Agreements
When can a voluntary right of way be cancelled? The Supreme Court explains why adequate access does not extinguish an agreed easement.
Eminent Domain VS Easement Determining Just Compensation FOR Transmission Line Projects
Fraudulent Assurances in Easement Contracts: Upholding Freedom From Misrepresentation
Philippine Supreme Court ruling on pleading fraud with particularity in easement contracts and the requirements for a valid cause of action.
Full Market Value Required When Easement Impairs Land Use
Supreme Court rules NPC must pay full market value, not 10% easement fee, when transmission lines impair land use.
Just Compensation for Power Line Easements: Full Market Value, Not 10% Cap
Philippine Supreme Court clarifies that power line easements may require full market value compensation, not the statutory 10% cap.
Full Market Value, Not a 10% Cap, Is Just Compensation for Power-Line Easements
In NPC v. Purefoods, the Court held that a transmission-line easement that cripples normal use must be paid at full market value, not 10%.
Property Rights Prevail: The Right to Fence Over Easement Claims
Philippine Supreme Court ruling on the right to fence one's property, easement claims, and procedural rules in injunction cases.
Easement OF Right OF WAY Ensuring Access Amidst Landlocked Property
Road Right of Way and Due Process in Easement Annotation: The Borromeo Bros. Case
When is annotating an easement of road right of way valid? The Supreme Court explains due process in land registration proceedings.
Easement of Right of Way: Requisites and Application in Philippine Law
Learn the four requisites for a legal easement of right of way under Philippine law, explained through the Supreme Court's ruling in Lee v. Carreon.
Upholding Property Rights: Finality of Court Decisions and Easement Disputes
A court cannot create a right-of-way through an execution order that contradicts its final and executory decision dismissing the case.
Just Compensation When Government Takes Property Without Formal Expropriation
When enforcing an easement of right-of-way renders the remaining property unusable, just compensation is due. Learn from Republic v. Andaya.
Easement Reduction on Urban Land: Balancing Public Land Rules and Development
When a free-patent lot becomes urban private land, the river easement may shrink from 40 meters to 3 meters.
Eminent Domain vs Easement: Fair Compensation for Power Line Construction
Supreme Court clarifies when power line projects require full just compensation rather than a mere easement fee.
Easement of Right of Way: Balancing Access and Property Rights in Subdivision Developments
Philippine Supreme Court clarifies temporary easement rules for subdivision access, distinguishing preliminary injunctions from permanent rights of way.