Philippine Bar review · Question

Practice question: When Execution Shall Issue

Multiple Choice Easy

Practice question

If the judgment obligee dies, who may apply for execution under Rule 39 Section 7(a)?
  1. The executor, administrator or successor in interest.
  2. No one; every judgment automatically disappears.
  3. Only an unrelated private collector without authority.
  4. Only the losing party’s bank.
  5. Every stranger automatically.

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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