Philippine Bar review · Question

Practice question: Judicial Foreclosure

Multiple Choice Medium

Practice question

Divisible mortgaged parcels secure installments not all due. A portion suffices for the adjudged due amount and costs without prejudice. May the creditor insist that Section 5 always requires sale of all parcels immediately?
  1. Yes; every mortgage automatically accelerates all future debt.
  2. Yes; enough proceeds never affects the scope of sale.
  3. Yes; divisibility is categorically irrelevant.
  4. No; the stated partial-sale stopping rule applies.
  5. Yes; the creditor may disregard the court’s judgment.

Legal references

  • Rules of Court, Rules 66-68, specifically the procedural provisions identified in each explanation: https://lawphil.net/courts/rules/rc_1-71_civil.html

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