Philippine Bar review · Question

Practice question: Relating to Waters

Multiple Choice Medium Jurisprudence

Practice question

A lawful aqueduct exists across a parcel. Its owner wants to fence the parcel without damaging the aqueduct or making necessary cleaning or repairs impossible. Does Article 645 categorically forbid the fence?
  1. Yes, all servient ownership powers disappear
  2. Yes, every aqueduct transfers the entire parcel
  3. No; compatible fencing is permitted subject to the stated protections
  4. No, and the owner may block every repair entrance
  5. Yes, even if it has no effect on use

Legal references

  • Civil Code, Article 645: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/53360

Answer this question in flashcards to review your response and continue practicing.