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Philippine Bar review · Question

Practice question: Non-registrable Properties (Civil Code, Art. 420)

Multiple Choice Medium

Practice question

A person occupies a portion of an existing public road and obtains a tax declaration in that person's name. No lawful withdrawal from public use has occurred. Does the tax declaration alone make the occupied road privately registrable?
  1. Yes, a tax declaration changes every public classification
  2. No, the road's continuing public-use status is not removed by that declaration
  3. Yes, if the occupant erects a fence
  4. Yes, because roads cannot be owned by the State
  5. No, because all private land is also unregistrable

Legal references

  • Civil Code Articles 420–422 and 1113: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
  • Republic v. Heirs of Laudes, GR 256194, January 31, 2024, main decision: https://lawphil.net/judjuris/juri2024/jan2024/gr_256194_2024.html

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