Practice question
A judgment in a properly constituted Fund action runs against the private usurper, Register of Deeds, and National Treasurer. No execution against the usurper has been attempted. The owner seeks immediate Fund payment, arguing that joining the usurper was sufficient. Which step is required by section97?
- The owner must abandon the judgment and file a fresh registration case.
- The Treasurer must pay immediately because joinder alone proves inability to collect.
- The owner must sue the Solicitor General personally for the entire award.
- The court must cancel every title held by the usurper’s relatives.
- Execution must first issue against the other liable defendant; an unsatisfied return and required certification support a later payment order.
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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