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Philippine Bar review · Question

Practice question: Letters Testamentary (Rules 78–79)

Multiple Choice Hard

Practice question

A nominee has a proved conviction involving moral turpitude. The court considers fitness under Rule78 Section1. Nominee says this conviction is categorically outside the rule because residence and adulthood alone suffice. Which is correct?
  1. The express fitness provision must also be applied
  2. Residence and age exhaust every condition
  3. The conviction is expressly protected
  4. Only the nominee may decide fitness
  5. The will eliminates every judicial qualification

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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