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Philippine Bar review · Question

Practice question: Respondents in Action to Claim

Multiple Choice Medium

Practice question

Mina sues only the forger for personal damages and expressly seeks no payment from the Assurance Fund. Does section96 categorically require joining the National Treasurer in that separate action?
  1. Yes, all land-related suits require that joinder.
  2. Yes, even when the Treasury faces no claim.
  3. No, section96 preserves a right of action against another person without joining the National Treasurer.
  4. No, because the forger enjoys immunity from suit.
  5. Yes, because private damages and Fund compensation are identical remedies.

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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