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*If you are the owner you don t have the absolute right to enjoy your property.
- Enjoy your property in a manner that you will not injure the rights of
others.
Police power although illimitable is subject to requisites: (1) lawful subject (2)
lawful means (reasonable connection; not unduly restrictive; least intrusive)
Police power is the power of promoting the public welfare by restraining and
regulating the use of liberty and property. Police power does not involve the
taking or confiscation of property, with the exception of a few cases where
there is a necessity to confiscate private property in order to destroy it for the
purpose of protecting peace and order and of promoting the general welfare.
When there is a taking or confiscation of private property for public use, the
State is no longer exercising police power, but another of its inherent powers,
namely, eminent domain. Eminent domain enables the State to forcibly
acquire private lands intended for public use upon payment of just
compensation to the owner. Although in the present case, title to and/or
possession of the parking facilities remain/s with respondents, the prohibition
against their collection of parking fees from the public, for the use of said
facilities, is already tantamount to a taking or confiscation of their properties.
The State is not only requiring that respondents devote a portion of the their
properties for use as parking spaces, but is also mandating that they give the
public access to said parking spaces for free. Such is already an excessive
intrusion into the property rights of respondents. Not only are they being
deprived of the right to use a portion of their properties as they wish, they are
further prohibited from profiting from its use or even just recovering therefrom
the expenses for the maintenance and operation of the required parking
facilities.
Air Transportation Office and Mactan-Cebu Int’l Airport vs. Antonio Gopuco,
Jr.
Lahug Airport; RA 6958 creating the Mactan-Cebu International Airport
Authority (MCIAA) and in part providing for the transfer of the assets of the
Lahug Airport thereto; Gopuco maintained that by virtue of the closure of the
Lahug Airport, the original purpose for which the property was expropriated
had ceased or otherwise been abandoned, and title to the property had
therefore reverted to him.
WON Gopuco has the right to reclaim ownership over the subject
expropriated. NO
The terms of the judgment in the expropriation proceedings granted title in fee
simple to the Republic of the Philippines If the land is expropriated for a
particular purpose, with the condition that when that purpose is ended or
abandoned, the property shall return to its former owner, then, of course,
when the purpose is terminated or abandoned the former owner reacquires
the property so expropriated. However, in this case, such agreement is
absent.
WON a private land expropriated for a particular public use, and that use is
abandoned, return to its former owner. YES, apply the Fery Doctrine
WON a private land expropriated for a particular public use and that use is
abandoned, return to its former owner. YES
iii. TAXATION - Power to raise revenue in order to support its existence and
carry out its legitimate objectives.
b. Imposed by law
The owner of the lower lands cannot erect works that will impede or prevent such
an easement or charge, constituted and imposed by the law upon his estate for
the benefit of the higher lands belonging to different owners; neither can the latter
do anything to increase or extend the easement. According to Article 530 of the
Old Civil Code, easement is a charge imposed upon one estate for the benefit of
another estate belonging to a different owner, and the realty in favor of which the
easement is established is called the dominant estate, and the one charged with
it the servient estate. Lands of Paraanan are lower – subject to easement of
receiving and giving passage to waters from higher lands, and Calalran lake.
Easement is not constituted by agreement. It is of a statutory nature, imposed for
the common public utility.
Article 552: Lower estates must receive the waters which naturally and without
the intervention of man descend from the higher estates, as well as the stone or
earth which they carry with them. “Neither may the owner of the lower estate
construct works preventing this easement, nor the one of the higher estate works
increasing the burden.
Article 563: The establishment, extent, form, and conditions of the easements of
waters to which this section refers shall be governed by the special law relating
thereto in everything not provided for in this code.
Meneses had no right to construct the works, nor the dam which blocks the
passage, through his lands and the outlet to the Taliptip River, of the waters
which flood the higher lands of the plaintiffs; and having done so, to the detriment
of the easement charged on his estate, he has violated the law. While Art 338
authorizes every owner to enclose his estate by means of walls, ditches, fences
or any other device, this right is limited by the easement imposed upon his
estate. His right to construct necessary works for fishpond subject to obligation to
respect statutory easement of waters upon his property.
WON Valiano has water rights over the irrigation canal. YES
The existence of the irrigation canal on defendant's land for the passage of water
from the Pampanga River to Honorata's land prior to and at the time of the sale
of Honorata's land to the plaintiff was equivalent to a title for the vendee of the
land to continue using it, as provided in Article 624 of the Civil Code. Water
rights, such as the right to use a drainage ditch for irrigation purposes, which are
appurtenant to a parcel of land, pass with the conveyance of the land, although
not specifically
mentioned in the conveyance. The purchaser's easement of necessity in a water
ditch running across the grantor's land cannot be defeated even if the water is
supplied by a third person. The fact that an easement by grant may also have
qualified as an easement of necessity does detract from its permanency as
property right, which survives the determination of the necessity.
Although the donor may impose certain conditions in the deed of donation, the
same must not be contrary to law, morals, good customs, public order and public
policy. The condition imposed in the deed of donation in the case before us
constitutes a patently unreasonable and undue restriction on the right of the
donee to dispose of the property donated, which right is an indispensable
attribute of ownership. Such a prohibition against alienation, in order to be valid,
must not be perpetual or for an unreasonable period of time.
Owner may, by reason of his right to dispose, for the time being part with some
attributes of his ownership, thereby restricting and abridging his right [i.e. lease,
commodatum, and usufruct].
Prohibition to Alienate – must not be forbidden by law or against public policy; i.e.
prohibition to sell must not be more than 20 years
Deed of Restrictions – restrictions imposed on a lot owner such as being an
automatic member of the homeowner’s association; easement; requirement to
use lot for residential purpose and stated that no more than one single family
residential building will be constructed thereon are VALID.
e. Constitutional Prohibition
Inherent Limitations
EX: You happen to be the owner of a lot but you don’t have access to the public
highway because of a land owned by your neighbour. You can ask for the declaration
for the right of way because you have no adequate access to a public highway.
And you can compel your neighbor.
EX2: You own a room and you have a neighbor constructing a wall on the
boundary, that has an opening directly by the window of your room.
Makapamuso sya nmu, kaon2 popcorn. You can ask the court to close that opening.
What ‘s your cause of action? Easement of light and view. That your ownership
is only up to the boundary line. If you decide to have an opening,
backtrack for about 2 meters from the boundary line.
EX: Your neighbor in the business of providing sound systems testing his
speakers. Or a gasoline station situated in a heavily resided area.