Philippine Bar review · Question

Practice question: Actions Involving Executors and Administrators (Rule 87)

Multiple Choice Medium

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?
  1. Yes, the existing suit automatically gives every creditor a duplicate action.
  2. Yes, the administrator’s commencement satisfies the inaction condition.
  3. Yes, provided the creditor promises to file faster.
  4. Yes, court permission is never relevant.
  5. 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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