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Philippine Bar review · Question

Practice question: Intestate – Letters of Administration (Rules 78–79)

Multiple Choice Hard

Practice question

Two competent relatives seek appointment and each claims an absolute personal right based only on kinship. Serious conflicting facts concerning the estate’s proper administration are presented. Which is best?
  1. The first relative to arrive automatically wins
  2. The court must apply the statutory preference and its lawful discretion to the evidence
  3. Both automatically own every estate asset
  4. The court may ignore the preference without reason
  5. No relative may ever be appointed if another objects

Legal references

  • Rule78 Section6(a): https://lawphil.net/courts/rules/rc_72-109_proceedings.html

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