Legal Provisions on Easements for Public Use By: Robert T.

Lavia a) Section 1 (I) That the applicant agrees that a strip of forty meters wide starting from t e ban! on eac side of any river or stream that may be found on the land applied for s all be demarcated and preserved as permanent timberland to be planted exclusively to trees of known economic value and that he shall not make any clearing thereon or utili!e the same for ordinary farming purposes even after patent shall have been executed in his favor"# ($" %" &o" 1'()) b) Section 1*" "reas needed for forest purposes x x x (() Twenty+meter strips of land along the edge of the normal high waterline of rivers and streams with channels of at least five (,) meters wide(.) Strips of mangrove or swamplands at least twenty #$%& meters wide' along shorelines facing oceans la!es and other bodies of water and strips of land at least twenty ('/) meters facing lakesxxx# (01 &o" (/,) c) %rticle ,1" T e ban!s of rivers and streams and s ores of the seas and throughout their entire length and within a !one of three ()) meters in urban areas twenty ('/) meters in agricultural areas and forty (2/) meters in forest areas along their margins are sub(ect to t e easement of public use in the interest of recreation navigation floatage fishing and salvage" )* person s all be allowed to stay in this !one longer than what is necessary for recreation navigation floatage fishing or salvage or to build structures of any !ind "# (0" 1" &o" 1/*()

d) Section 111, CA 141, as amended, provides thus: All persons receiving title to lands under the provisions of this Act shall hold such lands subject to the provisions hereof and to the same public servitudes as exist upon lands owned by private persons, including those with reference to the littoral of the sea and the banks of navigable rivers or rivers upon which rafting may be done.. e) Section 112, of the same Act provides that lands granted by patent,

shall further be subject to a right-of-way not exceeding sixty !"# meters in width for public highways, railroads, irrigation ditches, a$ueducts, telegraph and telephone lines and similar works as the %overnment or any public or $uasi-public service or enterprise, including mining or forest concessionaires, may reasonably re$uire for carrying on their business, with damages for the improvements only. f) P ! 1"2# other$ise %no$n as the Property &egistration !ecree $hich also provides: Section 44 states: &tatutory liens affecting title. - 'very registered owner receiving a certificate of title in pursuance of a decree of registration, and every subse$uent purchaser of registered land taking a certificate of title for value and in good faith, shall hold the same free from all encumbrances except those noted in said certificate and any of the following encumbrances which may be subsisting, namely( )irst. *iens, claims or rights arising or existing under the laws and +onstitution of the ,hilippines which are not by law re$uired to appear of record in the -egistry of .eeds in order to be valid against subse$uent purchasers or encumbrancers of record. xxxxxxx. 'n Section 4( same !ecree further provides: %eneral incidents of registered land. - -egistered land shall be subject to such burdens and incidents as may arise by operation of law. /othing contained in this decree shall in any way be construed to relieve registered land or the owners thereof from any rights

incident to the relation of husband and wife, landlord and tenant, or from liability to attachment or levy on execution, or from liability to any lien of any description established by law on the land and the buildings thereon, or on the interest of the owner in such land or buildings, or to change the laws of descent, or the rights of partition between co-owners, or the right to take the same by eminent domain, or to relieve such land from liability to be recovered by an assignee in insolvency or trustee in bankcruptcy under the laws relative to preferences, or to change or affect in any way other rights or liabilities created by law and applicable to unregistered land, except as otherwise provided in this .ecree. xxxxxxx. g) )urther, Section " of the 'mplementing &ules and &egulation of &epublic Act *#+41, states that: &ection 0. 1uit +laim - 2f the private property or land is ac$uired under the provisions of &pecial *aws, particularly +ommonwealth Act. 343, known as the ,ublic *and Act, which provides a 5"meter strip land easement by the government for public use with damages on improvements only, ,... /o. !60 which increased the reserved area to a !"-meter strip, and ,... 36!3 which authori7es government officials charged with the prosecution of projects or their representative to take immediate possession of portion of the property subject of the lien as soon as the need arises and after due notice to the owners, then a $uit claim from the owners concerned shall be obtained by the 2mplementing Agency. /o payment by the government shall be made for land ac$uired under the $uit claim. ,underscoring added)

-An Act .o )acilitate .he Ac/uisition 0f &ight10f12ay, Site 0r 3ocation )or 4ational 5overnment 'nfrastructure Pro6ects And )or 0ther Purposes7 approved on 4ovember 8+, 2888