Philippine Bar review · Question

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

Multiple Choice Hard

Practice question

A private applicant fences an area conclusively identified as shore still within public dominion. The applicant produces decades of tax payments, a private survey and a proposed deed from a neighboring landholder, but no lawful State act changing the shore's status. Which conclusion follows?
  1. The combined private documents necessarily privatize the shore
  2. The existing public-dominion character prevents the asserted private registration; those documents do not themselves remove it
  3. A surveyor may authorize alienation of any shore
  4. The neighbor may convey every adjacent public area
  5. Tax payment is equivalent to a legislative grant

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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