Practice question
If the obligor dies after property has actually been levied upon, does Section 7(c) permit its sale for satisfaction?
- No; every completed levy automatically vanishes.
- Only if the sheriff keeps every surplus personally.
- Yes.
- Only if the creditor invents a new judgment.
- Only if heirs agree that all separate property is liable without limit.
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.