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Philippine Bar review · Question

Practice question: Patrimonial Property

Multiple Choice Hard Jurisprudence

Practice question

A claimant occupies land that was actually used by the State as a public facility. The claimant proves long nonuse and a general alienable-and-disposable classification but no competent express manifestation withdrawing the prior public purpose. The claim relies on ordinary Civil Code patrimonial-property prescription, not a separately established special registration entitlement. Which answer is correct?
  1. The claimant has not supplied the required proof of conversion for the stipulated previously public-purpose property
  2. Every alienable classification automatically proves every private title
  3. Long occupation alone repeals public ownership
  4. A tax declaration is always a State conveyance
  5. The claimant may choose to declare the property patrimonial

Legal references

  • Civil Code Articles419–425 and427–439: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
  • Republic v. Pasig Rizal Co., GR213207, February15 2022, main decision: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/68138
  • RA11573, amended land-registration framework: https://lawphil.net/statutes/repacts/ra2021/ra_11573_2021.html

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