Practice question
Noel has a qualifying, timely Fund claim involving a living private usurper and joins that usurper, the Register of Deeds, and the National Treasurer. He has not obtained a prior declaration of the usurper’s insolvency. Respondents argue the Fund action is necessarily premature. What does Stilianopoulos hold?
- The claimant must obtain a separate insolvency judgment before filing in every case.
- The claimant must omit the usurper and sue only the Treasurer.
- The claimant must prove that all relatives of the usurper are insolvent.
- A prior insolvency declaration is not a filing prerequisite; the section97 collection requirements operate at execution.
- The Fund must immediately pay before the defendants can answer.
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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