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Philippine Bar review · Question

Practice question: Claims Against Estate (Rule 86)

Multiple Choice Hard

Practice question

The administrator knows that the deceased had a valid offset against a claimant but omits it from the answer. What consequence does Rule 86, Section 10 prescribe?
  1. The offset is automatically pleaded by the court.
  2. The estate is forever barred from asserting that offset.
  3. The estate may reserve it indefinitely without mentioning it.
  4. Only the claimant may choose whether to plead it for the estate.
  5. The omission merely increases the offset’s amount.

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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