Philippine Bar review · Question

Practice question: Respondents in Action to Claim

Multiple Choice Medium

Practice question

A complaint alleges that a private forger caused the qualifying loss but names only the Register of Deeds and National Treasurer. The claimant says private participation makes no difference to the statutory defendants. Is that correct?
  1. Yes, private wrongdoers can never be co-defendants.
  2. No, section96 requires joining the responsible private person with those officials.
  3. Yes, because the Fund action extinguishes the private wrongdoer’s liability.
  4. Yes, because the Solicitor General automatically becomes the private wrongdoer.
  5. No, because the National Treasurer must always be omitted.

Legal references

  • https://lawphil.net/statutes/presdecs/pd1978/pd_1529_1978.html — PD1529, sections96–100.
  • https://lawphil.net/judjuris/juri2018/jul2018/gr_224678_2018.html — Spouses Stilianopoulos v Register of Deeds for Legazpi City, GR224678, July3 2018, main opinion: co-defendants and execution-stage payment.

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