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Philippine Bar review · Question

Practice question: Respondents in Action to Claim

Multiple Choice Hard

Practice question

A proper judgment joins the statutory public defendants and private wrongdoer. Execution collects PHP1million of a PHP3million compensatory award, then is duly returned unsatisfied for the remaining PHP2million with the required certification and showing. All other conditions are met. Does partial recovery categorically bar any Fund payment?
  1. No;97 addresses the amount remaining unpaid after the prescribed execution process
  2. Yes, collecting one peso bars all further payment
  3. No, so the claimant receives the full PHP3million again from the Fund
  4. Yes, the wrongdoer’s partial payment erases the entire judgment
  5. No execution record is relevant

Legal references

  • PD1529 Property Registration Decree: https://lawphil.net/statutes/presdecs/pd1978/pd_1529_1978.html Sections96–100.
  • Spouses Stilianopoulos v Register of Deeds GR224678 July3,2018 MAIN: https://lawphil.net/judjuris/juri2018/jul2018/gr_224678_2018.html MAIN statutory parties and execution sequence.

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