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Philippine Bar review · Question

Practice question: Extrajudicial Settlement (Rule 74)

Multiple Choice Hard

Practice question

Heirs otherwise qualify for Section1 but disagree over division. Counsel says disagreement necessarily requires appointing a general administrator before any partition remedy. Which is correct?
  1. An administrator is invariably indispensable
  2. Section1 expressly permits an ordinary partition action in the stated disagreement setting
  3. Disagreement extinguishes the estate
  4. Only a private auction is allowed
  5. The eldest heir conclusively fixes shares

Legal references

  • Rules74 and76–79, relevant procedural provisions (current competent court assumed, without obsolete court labels or monetary jurisdiction): https://lawphil.net/courts/rules/rc_72-109_proceedings.html

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