Practice question
A competent applicant appears after proper notice. A better-entitled relative does not appear or claim issuance. The objector says the unused preference forever prevents appointment. Which is correct?
- Only the absentee’s silence is a petition
- A notified absentee must always freeze administration
- Preference is identical to actual appointment
- Section6 permits appointment in that stated situation
- No judicial discretion exists
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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