Practice question
The administrator has already commenced the qualifying recovery action. May a creditor invoke Section 10 merely by asserting a preference for separate control?
- Yes, the existing suit automatically gives every creditor a duplicate action.
- Yes, the administrator’s commencement satisfies the inaction condition.
- Yes, provided the creditor promises to file faster.
- Yes, court permission is never relevant.
- Not on that basis; Section 10’s ordinary creditor route presupposes that the representative has not commenced the action.
Legal references
- Rules of Court, Rules 86-90, provisions specifically identified in the explanations: https://lawphil.net/courts/rules/rc_72-109_proceedings.html
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