Académique Documents
Professionnel Documents
Culture Documents
(2) Whether or not the structures built by the petitionerspouses are legal and valid.
RULING:
1. While it may be correct to state that restrictive covenants on
the use of land or the location or character of buildings or other
structures thereon may broadly be said to create easements or
rights, it can also be contended that such covenants, being
limitations on the manner in which one may use his own
property, do not result in true easements, but a case of servitudes
(burden), sometimes characterized to be negative easements or
reciprocal negative easements.
In its Memorandum, respondent states in arguing for the validity
of the restrictive covenant that the
"x x x restrictions are not without specific purpose. In a low cost
socialized housing, it is of public knowledge that owners
developers are constrained to build as many number of houses on
a limited land area precisely to accommodate marginalized lot
buyers, providing as much as possible the safety, aesthetic and
decent living condition by controlling overcrowding. Such project
has been designed to accommodate at least 100 families per
hectare."
There appears to be no cogent reasons for not upholding
restrictive covenants aimed to promote aesthetics, health, and
privacy or to prevent overcrowding.
2. The Court held that since the extension constructed exceeds the
floor area limits of the Restrictive Covenant, petitioner-spouses
can be required to demolish the structure to the extent that it
exceeds the prescribed floor area limits for as Article 1168 of the
New Civil Code provides that when the obligation consists in not
doing and the obligor does what has been forbidden him, it shall
be undone at his expense.