Philippine Bar review · Question

Practice question: Extrajudicial Settlement (Rule 74)

Multiple Choice Medium

Practice question

An estate has no will or debts, but one heir is a minor. Does minority alone absolutely prevent Section 1 settlement?
  1. Yes, no minor can ever be represented.
  2. Yes, only adult consent matters.
  3. No; the rule permits the minor's duly authorized judicial or legal representative to act.
  4. Yes, publication alone must replace the minor's share.
  5. Yes, the adult heirs may simply omit the minor.

Legal references

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

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