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Philippine Bar review · Question

Practice question: Limitation of Action

Multiple Choice Easy

Practice question

Under section102, does an unbarred Assurance Fund right of action necessarily disappear upon the injured person’s death?
  1. Yes, because it is strictly personal in every case.
  2. Yes, unless the Treasurer voluntarily revives it.
  3. Yes, because all land claims end at death.
  4. No, but death automatically restarts a fresh six-year period.
  5. No, the right survives to the legal representative unless it was already barred during the injured person’s lifetime.

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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