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Philippine Bar review · Question

Practice question: Ownership (PD 1067, Arts. 5–8)

Multiple Choice Hard

Practice question

An intermittent brook in its natural bed crosses private land. The owner argues its dry-season interruption alone turns both the described water category and natural bed into unrestricted private water property. Which is correct?
  1. Every seasonal brook is automatically a private tank.
  2. Article 5(b) expressly includes intermittent waters and the stated natural beds; seasonal interruption alone does not defeat that category.
  3. Only continuous flow can ever be State-owned.
  4. A fence necessarily repeals 5(b).
  5. The owner may acquire every upstream water source by an oral declaration.

Legal references

  • Water Code PD1067 Articles5-8 and13-16: https://lawphil.net/statutes/presdecs/pd1976/pd_1067_1976.html

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