Practice question
A State road actually devoted to public use becomes temporarily unused while a replacement route is repaired. No competent withdrawal or abandonment of its public purpose is established. Does nonuse alone automatically make it patrimonial?
- Yes, every unused road becomes private overnight
- Yes, anyone may sell it immediately
- Yes, delay in maintenance transfers title
- No; mere nonuse does not itself establish the required conversion of previously public-use property
- Yes, if a nearby resident pays tax
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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