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?
- The action is late solely because six years have passed.
- The disability proviso permits filing within two years after removal, so the stipulated filing is timely.
- The action is barred because minors cannot have property interests.
- The action is timely only if the Treasurer expressly waives prescription.
- 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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