ALCANTARA V. RETA, 372 SCRA 364 - Personal Easement Facts
ALCANTARA V. RETA, 372 SCRA 364 - Personal Easement Facts
RETA, 372 SCRA 364 - Personal request to have the land proclaimed as an ULRZ would not be
Easement necessary if the property was an ULRZ.
FACTS:
Presidential Decree No. 1517, otherwise known as "The Urban
Edilberto Alcantara et. al. filed with the RTC, Davao City a Land Reform Act," pertains to areas proclaimed as Urban
complaint against Cornelio B. Reta, Jr. for the exercise of the Land Reform Zones.11 Consequently, petitioners cannot claim
right of first refusal under Presidential Decree No. 1517, any right under the said law since the land involved is not an
injunction with preliminary injunction, attorney's fees and ULRZ.
nullity of amicable settlement.
HELD:
Petitioner Roble was allowed to construct his house on the
No right of first refusal. The area involved has not been land because it would facilitate his gathering of tuba. This
proclaimed an Urban Land Reform Zone (ULRZ). In fact, would be in the nature of a personal easement under Article
Alcantara et. al. filed a petition with the National Housing 614 of the Civil Code.
Authority requesting that the land they were occupying be Whether the amicable settlement is valid or not, the
declared as an ULRZ. On May 27, 1986, the request was conclusion would still be the same since the agreement was
referred to Mr. Jose L. Atienza, General Manager, National one of usufruct and not of lease. Thus, petitioner Roble is not
Housing Authority, for appropriate action. The request was a legitimate tenant as defined by Presidential Decree No.
further referred to acting mayor Zafiro Respicio, Davao City, 1517.
as per 2nd Indorsement dated July 1, 1986. Clearly, the
HELD: No.
PURUGGANAN V. PAREDES, 69 SCRA 69- Easement of Paredes have made a mistake in applying the distances
Drainage prescribed in the decree of registration to the roofing of
their house. They failed to comprehend the meaning of
In an easement of receiving rainwater, the distances the phrase “servidumbre de vertiente de los tejados”
prescribed in the decree of registration should not constituted on the land of Purugganan. Translated, it
correspond to the width and length of the roof of the means the easement of receiving water falling from the
house but on the distance of the rainwater falling inside roof which is an encumbrance imposed on the land of
the land of the servient estate. Purugganan because the encumbrance is not the roof
FACTS: itself but the rain water falling inside the property of
Purugganan. The report submitted by the court-
Purugganan is the owner of a piece of residential lot appointed commissioner clearly shows that Paredes
adjacent to and bounded on the north by the lot of exceeded the dimension allowed in the decree of
Paredes. The lot of Purugganan is subject to an registration.
easement of drainage in favor of Paredes annotated in
the Decree of registration, which read in part:
“XXX the applicant agrees to respect an easement or
servitude over a portion of the lots No. 1 and 2 which is
EIGHT and ONE HALF (8-1/2) meters in length…and the
width is ONE (1) meter, in order that the rainwater
coming from the roofing of a house to be constructed
by the oppositor over the ruins of her brick wall…shall
fall into the land of the applicant.”
ISSUE: