Philippine Bar review · Question

Practice question: Damnum Absque Injuria

Multiple Choice Easy

Practice question

In Custodio, did later judicial establishment of a compensated right of way by itself prove that the earlier fencing violated an already existing easement?
  1. Yes, every later order operates as a prior tort
  2. No
  3. Yes, all pathways are existing easements
  4. Yes, compensation proves malicious conduct
  5. Yes, fencing always violates Article 21

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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