Text of the provision
Art. 635. All matters concerning easements established for public or communal use shall be governed by the special laws and regulations relating thereto, and, in the absence thereof, by the provisions of this Title.
(550)
Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full; verified verbatim against the LawPhil and ChanRobles official-text renderings.
What this article means
Matters concerning easements for public or communal use are governed by the special laws and regulations relating to them, and only subsidiarily by this Title.
This article establishes an order of priority rather than an outright exclusion: special laws and regulations on public or communal easements govern first, and only where those special rules are silent does this Title's general framework on easements come into play. The arrangement recognizes that easements serving the public or a community — such as those tied to roads, waterways, or communal use — are typically the subject of dedicated regulatory schemes better suited to their administration than the Code's general provisions.
Questions about this provision
Related provisions
- Article 634 — The Object of Legal Easements.
- Article 636 — Easements for Private Use.
Cases citing this article
- National Power Corporation vs. Yunita Tuazon, et al, G.R. No. 193023, June 29, 2011 — read the decision on LawPhil →
Compiled automatically from Supreme Court decisions published on LawPhil that expressly cite this article, most frequently cited first. A listing means the decision cites the provision — it is not a statement that the case is the leading authority, and it does not show whether a ruling has since been modified or abandoned. Always read the decision itself.