Practice question
A judgment creditor dies after obtaining a valid enforceable award. A duly authorized estate administrator applies for execution. The debtor says only the original living creditor can ever apply. Which is correct?
- Death necessarily cancels the adjudicated right.
- An administrator can never act for the obligee.
- Only the debtor can revive the award by private gift.
- Section 7(a) expressly recognizes the administrator’s application.
- Every estate asset must be abandoned.
Legal references
- Rules of Court, Rule 39 Sections 1-4 and 7, execution categories and death of a party: https://lawphil.net/courts/rules/rc_1-71_civil.html
- Rules of Court, Rule 86 Section 5, money judgments against the decedent and claims procedure: https://lawphil.net/courts/supreme/rc/rc_72-109_proceedings.html
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