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Philippine Bar review · Question

Practice question: Limitation of Action

Multiple Choice Medium

Practice question

A claimant’s Fund cause of action accrued while the claimant was a minor. The original six-year period has expired. The claimant files one year after the legal disability was removed. Assuming no other obstacle, how does section102 apply?
  1. The action is late solely because six years have passed.
  2. The disability proviso permits filing within two years after removal, so the stipulated filing is timely.
  3. The action is barred because minors cannot have property interests.
  4. The action is timely only if the Treasurer expressly waives prescription.
  5. The claimant must wait until exactly two years after removal.

Legal references

  • https://lawphil.net/statutes/presdecs/pd1978/pd_1529_1978.html — PD1529, section102: six years, survival, and disability proviso.
  • https://lawphil.net/judjuris/juri2018/jul2018/gr_224678_2018.html — Spouses Stilianopoulos v Register of Deeds for Legazpi City, GR224678, July3 2018, main opinion: accrual and actual knowledge in fraudulent-registration claims.

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