SCENE I

Interviews
SCENE 2
How does easement affect our lives?
IDEA: compilation of pictures and videos.
Voice over: (to follow)
SCENE 3
EASEMENT OF WATER: IRRIGATION
Characters: Migs and Javed, Punong Barangay
Where: barangay hall.
This scene in a nutshell: Migs and Javed are brothers and are both farmers. Migs property is
located beside a river / lake / pond. On the other side of Migs property is Javeds property. Javed
obtained a permit for the irrigation of his farm from the river / lake / pond. The irrigation has to
pass through Migs property, but Migs refuses to grant Javed the easement. Migs contention is
that the construction of the irrigation will cause damage to his property and he cannot be
deprived of its use and enjoyment. Javeds contention is that he has obtained a permit (from
where?), thus, he can compel Migs to give way for the irrigation.
WHO WINS: JAVED, but with indemnity to Migs.
Legal basis: ART. 642: Any person who may wish to use upon his own estate any water of which
he can dispose shall have the right to make it flow through the intervening estates, with the
obligation to indemnify their owners, as well as the owners of the lower estates upon which the
waters may filter or descend.
DRAINAGE SYSTEM
Characters: Mel and Joyce
Where: barangay hall.
This scene in a nutshell: Mel is a subdivision owner and developer and she developed an
exclusive residential subdivision. Mels subdivision is on an elevated plane. She constructed a
drainage system which diverted all accumulated rain water to a single drainage. Joyce has a
house beside the subdivision, and her house was on a lower plane. The drainage constructed by
Mel protrude directly to Joyces house. Whenever it rains, Joyces house becomes flooded as all
the rainwater from the subdivision goes to her property. Mels contention is that since her
subdivision is on an elevated plane, it is natural that rain water will flow from her subdivision to

lower planes, and it just so happen that Joyces house was the nearest lower plane. Joyce
contended that Mel constructed a drainage system which diverted all the water to her property,
and such is against the law.
WHO WINS: JOYCE
Legal basis: ART. 637: lower estates are obliged to receive the waters which naturally and
without the intervention of man descend from the higher estate as well as the stones or earth
which they carry with them.
The owner of the lower estate cannot construct works which will impede this easement; neither
can the owner of the higher estate make works which will increase the burden.
RIGHT OF WAY: UNPAVED ROADS
Characters: Uriel, May, Mel, lawyer of the subdivision
Where: subdivision owners office.
Uriel wanted to buy a house when Mel was still pre-selling her residential subdivision. May,
Uriels wife, had second thought about that investment since the development of the subdivision
was not yet complete. Uriel still bought the house. After a year from the construction of the
couples house, they still cannot move in because the roads were still underdeveloped. The
property they bought was in the farthest edge of the subdivision from the gate, but instead of a
straight path from the gate to their house, they had to go around as the straight path was still
being excavated for the road construction. The couple went to Mel to compel her to finish
construction as soon as possible, otherwise, they will sue her for damages. Moreover, since the
subdivision is a gated community, a wall separated their property from a public road. They
likewise want Mel to demolish the wall to give the couple a shorter access to that road. Mels
contention is that what she and the couple entered into is a mere contract of sale. The obligation
and rights ceased from the moment of the delivery and transfer of ownership of the property to
the couple. Since the relationship is merely that of a buyer and seller, the seller is of no
obligation to construct and fix the roads. Also, the couple cannot demand the demolition of the
wall because despite the subdivision roads being unpaved, the couple can still use them to reach
to the gate (See Ramos vs. Gatchalian Realty, Inc. GR No. 75905).
WHO WINS / Legal basis: the couple was right in first compelling Mel to finish the
improvement and maintenance of the road lots. Such right of way is without indemnity (ART.
652). BUT mere inconvenience for the dominate estate is not enough to serve as basis for
easement of right of way, so the couple cannot compel Mel to remove the wall.
PILAPIL
Characters: Migs and Javed, Punong Barangay
Where: barangay hall.
Javed and Migs are back to the barangay hall. Migs was mad because he lost, so after granting an
easement of water to Javed, he refused to let Javed and his animals pass his pilapil for Javeds

animals to get to the river / lake / pond. Migs contention was that the first easement was enough,
and he must not be further burdened by Javed. Javed believed that he likewise has a right of way
through Migs property for the purpose of animal trails.
WHO WINS: depends.
Legal basis: ART. 657: easements of the right of way for the passage of livestock known as
animal path, animal trail or any other, and those for watering places, resting places and animal
folds, shall be governed by the ordinances and regulations relating thereto, and in the absence
thereof, by the usages and customs of the place.
SCENE 4
Interview with government officials: Mr. Danilo M. Concepcion, Head of Angeles City Traffic
Enforcement and Management Office
Possible questions:
Q:

What is easement?

A:
Easement grants other designated people the right to specific types of access. Easements
can be granted to another person, such as a neighbor, or to an entity, such as an electric and gas
utility. A property easement is generally written and recorded with the local assessors office. The
documented easement will show up when a title search is conducted and it stays there
indefinitely, unless both parties agree to remove it.
Q:

What is easement of right of way?

A:
A right of way is an easement that allows another person to travel or pass through your
land. The most common form of right of way easement is a road or path through your land. The
right of way easement road is meant to benefit a particular person or another parcel of land not
owned by you. Right of way easements extend reasonable use for travel through others' lands to
holders of the easements.
Q:

What is easement of waters?

A:
Water, including stones and earth carried by it, which naturally and without the
intervention of man descends from the higher estates are obliged to be received by lower estates.
The following are the legal easements relating to waters:
1)
2)
3)
4)
5)
6)

Natural drainage of lands

Natural drainage of buildings
Easement on riparian banks for navigation, floatage, fishing, salvage
Easement of a dam (dike)
Easement for drawing water or for watering animals
Easement of aqueduct: the right to make water flow thru intervening estates in order
that one may make use of said waters.
7) Easement for the construction of a stop lock or sluice gate

Q:

Are there any ordinances and regulations relating to easement of waters and right of way?

Q:

What are the remedies of the owners of dominant estates?

Q:

How important are easements?

SCENE 5

What is easement, then?

Brief overview of easements in general.
END
Reporting: Summary; reporting per article, etc.
Easement of water
Legal easement

Aqueduct: continuous and apparent

Easement of right of way

Permanent: value of the property +
consequences and damages suffered by the
owner of the servient estate.
Temporary: whatever damage it may cause to
the servient estate as a consequence of ones
passing to his property.
Discontinuous and apparent
Two criteria under the law before this may be
established:
1) Shortest
2) Least prejudicial has more weight.

TIME TABLE
September 16, 2015
September 17, 2015
September 18, 2015

Group meeting; delegation of tasks.

Interview with Sir Dan and DPWH (note: prepare letter for DPWH
interview)
September 19 - 23 Group meeting, shooting of certain scenes
2015
September 24, 2015
Start of editing; prepare for individual/group reporting
September 25, 2015
Group meeting (holiday ito).
September 26, 2016
Reporting