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Philippine Bar review · Question

Practice question: Judicial Foreclosure

Multiple Choice Medium

Practice question

The mortgaged property cannot be sold in portions without prejudice. What does Section 5 permit in that setting?
  1. A rule forbidding every sale regardless of prejudice.
  2. Automatic appropriation by the creditor without public sale.
  3. Keeping all excess without legal distribution.
  4. Ignoring every future installment without accounting.
  5. Sale of the whole initially, with payment of the entire debt and costs if proceeds suffice and proper interest rebate where applicable.

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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