Philippine Bar review · Question

Practice question: Judicial vs. Extrajudicial Foreclosure

Multiple Choice Hard

Practice question

The remaining deficiency is not all due when judgment is rendered. Creditor seeks immediate execution for all of it solely under Section 6. Which rule matters?
  1. Every future installment automatically becomes due regardless of judgment or contract.
  2. Execution follows the stated maturity qualification; future-due balance is executable when due under the original terms.
  3. Only the bidder chooses maturity.
  4. No deficiency can ever be adjudged.
  5. The debtor may permanently ignore all future amounts.

Legal references

  • Civil Code Articles2052,2056-2057,2066,2071-2084 and2126-2130: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
  • Rules of Court Rule68 Sections3-6: https://lawphil.net/courts/rules/rc_1-71_civil.html

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