Practice question
A deficiency judgment includes PHP200,000 contractually due only next year, and no acceleration applies. May the creditor execute that portion immediately solely because judgment was rendered today?
- No; Section6 preserves execution when that balance becomes due
- Yes; rendition alone overrides the stated maturity
- Yes; a motion always changes the contract
- Yes; every mortgage is payable on sight
- Yes; the creditor may conceal the maturity date
Legal references
- Rules of Court: https://lawphil.net/courts/rules/rc_1-71_civil.html Rule68 Sections4–6.
- Spouses Prieto v BPI GR259282 August30,2023 MAIN: https://lawphil.net/judjuris/juri2023/aug2023/gr_259282_2023.html Proved balance and application of sale proceeds.
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