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Philippine Bar review · Question

Practice question: Extrajudicial Settlement (Rule 74)

Multiple Choice Medium

Practice question

All heirs are adults and agree on shares, but known estate debts remain unpaid. They argue agreement alone satisfies every Section 1 condition. Which is correct?
  1. Agreement automatically erases the debts.
  2. Adult status alone eliminates creditors' rights.
  3. A public instrument necessarily proves there are no debts.
  4. The no-debts requirement cannot simply be ignored because the heirs agree.
  5. Only the heirs' preferred label matters.

Legal references

  • https://lawphil.net/courts/supreme/rc/rc_72-109_proceedings.html — Rule 74, Section 1.

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