Short answer. Article 670 of the Civil Code requires at least two meters between the wall and the boundary for a window with a direct view over adjoining land, and at least sixty centimeters for side or oblique views. Building closer without observing these distances does not, however, create prescription in the neighbor's favor.
What the law says
No windows, apertures, balconies, or other similar projections which afford a direct view upon or towards an adjoining land or tenement can be made, without leaving a distance of two meters between the wall in which they are made and such contiguous property. Neither can side or oblique views upon or towards such conterminous property be had, unless there be a distance of sixty centimeters. The nonobservance of these distances does not give rise to prescription.
Civil Code, Article 670 — Distances For Windows And Views. Read the full provision →
Two meters for a direct view
Article 670 sets a specific minimum for openings that look straight onto a neighbor's land: no windows, apertures, balconies, or other similar projections which afford a direct view upon or towards an adjoining land or tenement can be made, without leaving a distance of two meters between the wall in which they are made and such contiguous property. The measurement runs from the wall containing the opening to the boundary of the adjoining property, and the article covers more than just windows — apertures, balconies, and similar projections are all treated the same way.
A shorter distance for side or oblique views
Not every opening looks straight ahead. For views that are angled rather than direct, the article sets a smaller minimum: neither can side or oblique views upon or towards such conterminous property be had, unless there be a distance of sixty centimeters. A window positioned to catch a neighbor's property at an angle, rather than head-on, only needs to clear this shorter distance rather than the full two meters required for a direct view.
Building too close does not create a right by prescription
The article closes with a rule that protects the neighbor over time: the nonobservance of these distances does not give rise to prescription. In other words, if a window was built closer than the law allows, simply leaving it that way for years does not turn the violation into a legally protected right. The neighbor is not forced to "use it or lose it" against a non-compliant window — the passage of time alone does not cure the shortfall.
Measuring your own situation against this article
Start by classifying the opening honestly — does it give a direct view onto the neighboring property, or only a side or oblique one — since the two categories carry different minimum distances under this article. Then measure the actual distance from the wall to the boundary line itself, not to any structure the neighbor may have built on their own side, since Article 670 is concerned with distance to the property, not to whatever happens to be standing on it.
Cases citing this provision
These Supreme Court decisions cite the provision above. We list them so you can read them yourself; the summaries of what each decided are not ours to give.
- Sps. Tedy Garcia and Pilar Garcia vs. Loreta T. Santos, Winston Santos and Conchita, G.R. No. 228334, June 17, 2019 — read the decision on LawPhil →
- Rachel C. Celestial vs. Jesse Cachopero, G.R. No. 142595, October 15, 2003 — read the decision on LawPhil →