Practice question
A judicial foreclosure judgment omits the sum due and the Rule 68 payment period. The creditor argues that finality alone makes it immediately executable by sale. Which answer follows Lontoc?
- Every omission is cured solely by finality.
- The required amount and period must be supplied; an incomplete foreclosure disposition cannot simply be executed as though those commands existed.
- The sheriff may invent both terms without court action.
- The debtor automatically acquires the creditor’s assets.
- The omission converts the judgment into extrajudicial foreclosure.
Legal references
- https://www.lawphil.net/courts/rules/rc_1-71_civil.html — Rules of Court, Rule 68 sections 2–3.
- https://lawphil.net/judjuris/juri2024/jan2024/gr_217860_2024.html — Lontoc v Tiglao, GR 217860, January 29 2024, main opinion: Rule 68 sections 2–3.
- https://lawphil.net/judjuris/juri2017/jul2017/gr_209452_2017.html — Gotesco Properties v Solidbank, GR 209452, July 26 2017, main opinion: Act 3135 section 3 posting and publication.
- https://lawphil.net/judjuris/juri2020/sep2020/gr_226272_2020.html — Panacan Lumber v Solidbank, GR 226272, September 16 2020, main opinion: personal-notice stipulation.
- https://lawphil.net/judjuris/juri2023/aug2023/gr_228919_2023.html — Palo v Spouses Baquirquir, GR 228919, August 23 2023, main resolution: Act 3135 section 1 expressly granted special power of sale.
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