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Philippine Bar review · Question

Practice question: Sales, Mortgages, and Other Encumbrances of Estate Property (Rule 89)

Multiple Choice Medium

Practice question

The administrator seeks a Rule89 sale specifically to pay debts, expenses and legacies. An interested person offers the court-fixed bond conditioned on paying those obligations within the court-directed time. What does §3 provide for the proposed authority?
  1. The bond must always be ignored.
  2. The administrator may still demand an unrestricted sale as a personal right.
  3. The court must give the property to the bond giver.
  4. The bond eliminates every creditor's claim.
  5. The specified authority shall not be granted when the Rule's protective bond condition is met.

Legal references

  • https://lawphil.net/courts/rules/rc_72-109_proceedings.html — Rules88–91 and adult-guardianship Rules92–97, subject to later law and AM03-02-05-SC for minors.
  • https://lawphil.net/judjuris/juri2005/mar2005/gr_156403_2005.html — Pahamotang v PNB, GR156403, March31 2005, main decision (Rule89 notice).

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