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Philippine Bar review · Question

Practice question: Deficiency Judgment; Recovery of Deficiency

Multiple Choice Easy

Practice question

Under Rule68 Section6, is execution on a deficiency necessarily immediate if part of the balance is not yet contractually due?
  1. No; execution for that balance follows its contractual maturity
  2. Yes; every future amount becomes due automatically
  3. Yes; the creditor alone may invent a maturity date
  4. Yes; the debtor’s age fixes maturity
  5. Yes; maturity is irrelevant

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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