Philippine Bar review · Question

Practice question: Ownership

Multiple Choice Hard

Practice question

A sudden fire threatens a crowded neighboring building. The only effective immediate escape route requires breaking a privately owned gate, causing limited damage far smaller than the imminent harm. The emergency and necessity are established. Under Article 432, which statement is correct?
  1. The owner may prohibit entry regardless of the comparative danger
  2. The owner cannot prohibit the necessary interference but may demand indemnity from the person benefited
  3. The gate becomes public property permanently
  4. The person benefited is categorically immune from indemnity
  5. Article 432 applies only if the owner caused the fire

Legal references

  • Civil Code Articles 427–434: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html

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