Philippine Bar review · Question

Practice question: Proceedings Where Property is Claimed by Third Persons

Multiple Choice Hard

Practice question

Property subject to a recorded third-party claim is sold in execution. The sheriff omits the claim from the sale certificate because the purchaser dislikes it. Which is correct?
  1. Section26 requires express mention despite that preference
  2. Purchaser preference deletes the requirement
  3. Sale automatically proves the claim false
  4. A certificate may never refer to claims
  5. Only the creditor’s occupation is material

Legal references

  • Rule39 Sections16,26,47–48: https://lawphil.net/courts/rules/rc_1-71_civil.html

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