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Philippine Bar review · Question

Practice question: Garnishment of Deposits, Including Foreign Deposits

Multiple Choice Hard

Practice question

A creditor has a valid judgment on an ordinary business loan and finds a protected dollar deposit. The creditor cites Salvacion and argues that every unpaid civil judgment now overrides foreign-currency protection. No comparable extraordinary facts or other exception exist. Which is best?
  1. Salvacion must be read in its exceptional facts and does not create an automatic exception for every ordinary debt
  2. Salvacion repealed all foreign-currency secrecy and execution rules
  3. Every judgment creditor automatically owns all dollar accounts
  4. Only a creditor's disappointment matters
  5. The statutory text is irrelevant after any lawsuit

Legal references

  • RA 6426 Section 8,as amended by PD 1246 Section 2: https://lawphil.net/statutes/presdecs/pd1977/pd_1246_1977.html
  • Salvacion v Central Bank,GR 94723,August 21 1997,main opinion: https://lawphil.net/judjuris/juri1997/aug1997/gr_94723_1997.html

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