AIRSPACE (Article 437): property, above the land, you don’t see anything there.

e.g. - SM is leasing the airspace that connect the annexes in Mandaluyong City.- Ayala may prescribe the height of a building - When MERALCO transmits power , there is what you call AERIAL RIGHT OF WAY. So, MERALCO must pay rentals. But not only the airspace is used but also the lands since it cannot be used aymore. Indemnity is for the air space and the value of the land. (MTC V. Ibrahim)

TRANSFER DEVELOPMENT RIGHT – you can transfer non-utilized airspace to another for their use so that they may exceed the limitation

AIRSPACE – Property of the ones Who own the land underneath

(subject to lateral support in favor of Adjacent owner)

- You cannot complain of the reasonable requirement for aerial navigation (height requirement for a building).

- The owner of the parcel of land is the owner of the surface and anything underneath it subject to easements.

- Ownership of everything underneath it subject to easements and special laws including the Constitution (e.g. the minerals found underneath of the surface since they are owned by the State)

MINERAL LANDS (Article 519)- Mining claims are governed by Special Laws. - Governing Law: Philippine Mining Act of 1999; RA7076 (Small-scale mining act – governors can

issue permits for mining)- All the provisions required are embodied in the laws for corporations to mine.- Only country where you have two mining bureaus.- Campacan Area- biggest deposit of nickel in the Philippines.2 Basic Kinds of Mining1. Underground Mining – tunnels going underground following the mineralized path (diamond-

drilled) more environment friendly2. Open-Pit Mining – mountains are flattened and dug up leaving a big hole (cheaper)

damaging to the environment

CASE: Mines V. Factoran- No mine laws, very little state intervention- But the Constitution must protect the minerals

CASE: PNOC V. Veneracion- Mining Claim conflict (coal)- Veneracion won the case because of earlier registration

WATERS (Article 502 – 518 [some are superseded by the Water Code of the Philippines])Important Change:

1. NCC: Under the NCC, Article 502 [public dominion waters, problem with #7 involving private land] – once it leaves the private land, it becomes property of the stateWATER CODE: All lands belong to the state, even if it is flowing within your private estate. You must get permit from the National Water Resources Board / National Irrigation Authority – the permit will indicate how much you can get. You do not need a permit if you dig only for personal use except in Metro Manila.

IMPORTANCE OF KNOWING THE WATER CODE: To know which are potable, since there will be a time when people will fight for water.

CASE: Collado V. CA / Water Shed- Watersheds are not registrable.- Reason: to protect the source of water of the community.- Issue: Somebody has been occupying the area for more than 30 years. The declaration of the

watershed was before he was notified of the same.- SC: National interest should prevail and thus, Collado’s request must be denied.

TRADEMARKS / TRADENAMES (discussed before)

SUBDIVISIONS AND CONDOMINIUMSSubdivisions: - Simple – one land divided into two - Compound – one land divided into several parts but with only road- Complex - composed of two or more parcels of lands (consolidate them) so that you will have

one big lot. Many roads, open spaces, alleys, clubhouses, houses etc.

You must get the approval of the Housing of Land Use and Regulatory Board in order to establish the subdivisions / condominiums.

o Submit a plan and get approval of HLURB PROBLEM: Buyer of a particular lot / unit and pays in instalments, the owner mortgages

the land / building you cannot get the title because the land is mortgaged and the developer is missing

SOLUTION: Mortgagee must issue an affidavit of Undertaking / Understanding (issued by a high official of the bank) stating that they must release the mortgaged lands once the buyer has paid the full amount even if the developer has failed to pay the loan. Bank cannot refuse to release the property once the proof / certificate from HLURB has been issued that the buyer has paid the full amount.

CONSOLIDATION:

500 lots = 500 technical descriptions all approved by the Bureau of Lands approved by the HLURB (for lots, roads, drainage) developer will have this registered with RoD mother title will be cancelled and RoD will issue 500 titles

Road lots / Open spaces – owned by the developer. But once there is a Homeowner’s Association they will own the same because the cost of the development has already been charged in the value of the land.

DUTY OF DEVELOPER: to donate the lands to local government but not accepted because they do not want to repair roads and homeowners do not want to donate because the roads maybe opened to the public

2 TYPES OF CONDOMINIUM1. Owner of the units are also the owners of the common areas and the land (foreigner cannot

own the unit)2. Owner of the units are stockholders of the corporation and the corporation owns the land

and common area (foreigners can own this type)

Condominium Certificate of Title – in lieu of the TCT

CASE: DTI V. ALS MANAGEMENT- Developer of a condominium and issued brochures on how the condo would look like

(promises and amenities, etc)- Bought the unit there, but not fully paid and you find out that there are certain defects

(amenities advertised but not there)- Developer liable since he must comply with all the amenities provided /stated in the brochure.- Buyer may stop the payment and file a case with HLURB to rescind the contract.Sidenote: The contract must reflect those amenities in the brochure and when signed, the contract shall be binding.

CASE: SOUTH PACHEM V. CA- Payment of association dues for the collection of garbage, security - You musy contribute and not be a free-loader - Refused payment – lis pendens was annotated on his title

SPECIAL ECONOMIC ZONE (RA 7916)Authority: Philippine Economic Zone Authority

- To locate industrial and commercial zones in the provinces where job generation is necessary- Special benefits are given in the special economic zones

o Foreign investors who invest 150,000 USD will be given a permanent residence statuso Minimum 5% tax on the businesso Exempt duties for a very minimal amount

- Normally they are agricultural lands and are reclassified as INDUSTRIAL CLASSIFICATION (pass through a stringent, most sadistic department – Department of Agrarian Reform) this takes a LOT OF TIME.

- Submit a plan to PEZA and it will be evaluated. Once approved, it will be indorsed and submit it to DAR. After this, you must get the approval of DAR.

- After approval by the DAR, the land will be consolidated into one. Defend the same to PMS (Presidential Management Staff) indorse it to President President will issue a PROCLAMATION to transform the land.

- Special Economic Zones: NAIA, Manila Harbor

RECLAMATION - First Project: CCP (used to be a bay)- Others: World Trade Center, PICC- When you reclaim you get lands from the sea bed (dredging) but there are only certain kinds of

soil suited for reclamation- PEA-AMARI CASE: Accretion coming from the sea is owned by the State (since 30% was going

to be owned by Amari, a private corporation)

ANCESTRAL DOMAINS / ANCESTRAL LANDS (IPRA- RA8371)- Lands that belong to the minority groups / indigenous people- Distinct culture that set them apart from other groups- 16 to 18 million that belong to this group- They don’t have the same concept of land and their relationship with that land- Obligation to preserve it for the next generation- IPRA: The IP own the ancestral lands from time immemorial (NATIVE TITLE – even before the

Spaniards came [pre-conquest rights] private ownership)- Survey the lands which the IP should own issue CALT (certificate of ancestral land title)

you CANNOT SELL this land nor can you BUY the same. (if you do, the sale be cancelled)

CASE: Cruz V. Secretary- The Regalian doctrine does not cover ancestral lands because those lands were never owned by

the State.