Practice question
A court later grants a compulsory passage after payment of just compensation. Does that alone entitle the beneficiary to tort damages for the owner’s earlier lawful refusal before any servitude existed?
- Yes, every newly created right existed forever
- Yes, the later passage proves prior malice conclusively
- Yes, all prior refusals become criminal
- Yes, compensation is an automatic tort penalty
- No
Legal references
- Civil Code, Articles 6, 19-21, 27, 32, 430, 1144-1155, 1757-1758 and 2034: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
- Custodio v. Court of Appeals, G.R. No. 116100, February 9, 1996, MAIN decision: https://lawphil.net/judjuris/juri1996/feb1996/gr_116100_1996.html
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