Philippine Bar review · Question

Practice question: When Execution Shall Issue

Multiple Choice Easy

Practice question

Does the judgment obligor’s death necessarily prevent execution of a judgment recovering specified property against the proper representative?
  1. Yes; every property judgment is erased automatically.
  2. No.
  3. Yes; a lien is always extinguished by death.
  4. Yes; the property necessarily becomes ownerless.
  5. Yes; only personal revenge survives.

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

Answer this question in flashcards to review your response and continue practicing.