Philippine Bar review · Question

Practice question: Garnishment of Deposits, Including Foreign Deposits

Multiple Choice Medium

Practice question

A final judgment creditor serves a proper garnishment on the debtor's peso account. The bank invokes only RA 1405 and identifies no independent exemption. Which is best?
  1. Secrecy alone always defeats execution
  2. The bank must destroy its records
  3. The debtor may unilaterally overrule the court
  4. Ortega permits compliance with proper garnishment notwithstanding that secrecy objection
  5. Every employee must pay the judgment personally

Legal references

  • China Banking v Ortega,GR L-34964,January 31 1973,main opinion: https://lawphil.net/judjuris/juri1973/jan1973/gr_34964_1973.html

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