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Philippine Bar review · Question

Practice question: Adverse Claims and Notice of Lis Pendens

Multiple Choice Medium

Practice question

A lender sues solely for payment of an unsecured loan and damages. The lender identifies the debtor's land merely as a possible future source of execution and seeks lis pendens. Is that basis sufficient?
  1. Yes, every debtor's asset is automatically the subject of lis pendens
  2. No, a purely money claim does not directly affect the land merely because execution might later reach it
  3. Yes, the notice itself creates a mortgage
  4. Yes, if the lender dislikes delay
  5. No, because lis pendens never applies to any land dispute

Legal references

  • PD 1529 Sections 70 and 76–77: https://lawphil.net/statutes/presdecs/pd1978/pd_1529_1978.html
  • Gagoomal v. Spouses Villacorta, GR 192813, January 18, 2012, main decision: https://lawphil.net/judjuris/juri2012/jan2012/gr_192813_2012.html

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