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 Javed’s 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. Javed’s 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. Mel’s 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 Joyce’s house. Whenever it rains, Joyce’s house becomes flooded as all the rainwater from the subdivision goes to her property. Mel’s 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 Joyce’s 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 owner’s office.

Uriel wanted to buy a house when Mel was still pre-selling her residential subdivision. May, Uriel’s 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 couple’s 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. Mel’s 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 Javed’s 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 assessor’s 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) Natural drainage of lands 2) Natural drainage of buildings 3) Easement on riparian banks for navigation, floatage, fishing, salvage4) Easement of a dam (dike) 5) Easement for drawing water or for watering animals

6) 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 Easement of right of way Legal easement 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 one’s passing to his property.

Aqueduct: continuous and apparent 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 Group meeting; delegation of tasks. September 17, 2015 September 18, 2015 Interview with Sir Dan and DPWH (note: prepare letter for DPWH

interview)September 19 - 23 2015

Group meeting, shooting of certain scenes

September 24, 2015 Start of editing; prepare for individual/group reportingSeptember 25, 2015 Group meeting (holiday ito).September 26, 2016 Reporting