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Philippine Bar review · Question

Practice question: Purchase of Property in Litigation (See also Civil Code, Art. 1491(5))

Multiple Choice Hard

Practice question

While title litigation remains pending before the court within his judicial territory, a judge agrees to take an assignment of a litigant’s disputed property rights as payment for a private debt. He says no cash changes hands, so Article 1491(5) cannot apply. Which is best?
  1. Only cash acquisition is prohibited
  2. The express inclusion of assignment defeats that categorical cash-only argument
  3. An existing private debt automatically authorizes the acquisition
  4. Every judicial conflict can be cured by calling the transfer payment
  5. Only the debtor’s consent decides the judge’s legal capacity

Legal references

  • Civil Code Article 1491(5): https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html

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