Practice question
A private litigant identifies land allegedly transferred in violation of the Constitution and argues that Rule91 §5 automatically makes the land the litigant's own property, without an authorized State proceeding. No recognized exception supporting that private claim is shown. Which is correct?
- Every private challenger acquires the land automatically.
- The Rule's reversion/escheat mechanism is not a private acquisition right; the Republic through the OSG has the recognized public enforcement role, subject to applicable law and exceptions.
- Constitutional restrictions can never be enforced.
- A mere allegation supplies final title.
- A private demand replaces a judgment.
Legal references
- https://lawphil.net/courts/rules/rc_72-109_proceedings.html — Rules88–91 and adult-guardianship Rules92–97, subject to later law and AM03-02-05-SC for minors.
- https://lawphil.net/judjuris/juri2025/feb2025/gr_260983_2025.html — GR260983, February10 2025, main decision (OSG/reversion/escheat authority).
Answer this question in flashcards to review your response and continue practicing.