Practice question
The obligor dies after a valid actual levy. The sale produces a surplus beyond what properly satisfies the judgment. What must the officer do under Section 7(c)?
- Keep the surplus as a personal bonus.
- Pay every peso to the creditor regardless of the judgment.
- Destroy the accounting records.
- Give the surplus to any bystander.
- Account for the surplus to the corresponding executor or administrator.
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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