Art. 44. Drainage systems shall be so constructed that their outlets are rivers, lakes, the sea, natural bodies of water, such other water course as any be approved by the proper government agency.
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While it originally provides easements of three meters for urban areas, 20 meters for agricultural areas, and 40 meters for forest areas along the banks of rivers, the precise measurements can vary depending on local ordinances and subsequent regulations.
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For a property owner to successfully claim a legal right of way, the following conditions must be met: No Access to a Public Road: The property must be enclosed by other estates and have no access to a public road. If there is another route, even if it is inconvenient, the claim for a right of way may not be granted.
Although the Civil Code does not specify a precise minimum width for all rights of way, jurisprudence in the Philippines generally considers a 3-meter width as reasonable for vehicular access.
Provided all the requisites for its exercise are present, a private individual cannot resist the state's exercise of its inherent power of eminent domain.