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Philippine Bar review · Question

Practice question: Interest in Object of Litigation or Transaction (See also Civil Code, Art. 1491(5))

Multiple Choice Hard

Practice question

A lawyer participates professionally in litigation over specified rights and seeks to acquire those rights by assignment at a judicial auction. The lawyer claims that assignment and auction format each avoid Article 1491(5). Which assessment is correct?
  1. Assignments are expressly excluded
  2. Judicial auctions automatically authorize every lawyer purchase
  3. Only physical land can be covered
  4. The article includes acquisition by assignment and public or judicial auction within its stated prohibition
  5. The auctioneer may privately repeal the prohibition

Legal references

  • CPRA Canon III, Section 51, A.M. No. 22-09-01-SC (issued text, PDF page25): https://bir-cdn.bir.gov.ph/local/pdf/RMC%20No.%20123-2023%20Annex%20A.pdf
  • Civil Code, Article 1491(5): https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html

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