Practice question
After the obligor fails to remove improvements within the reasonable court-fixed time, the obligee files a motion. It argues that failure alone makes a hearing unnecessary and authorizes the sheriff to demolish without a special order. Which is best?
- The failure automatically replaces every remaining requirement
- Filing a motion is itself a demolition order
- The Rule still requires the hearing and special court order; one satisfied prerequisite does not erase the others
- The creditor may select any unrelated building for demolition
- A motion always proves ownership against all third persons
Legal references
- Rule39 Section10(d): https://lawphil.net/courts/rules/rc_1-71_civil.html
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