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Philippine Bar review · Question

Practice question: Garnishment of Deposits, Including Foreign Deposits

Multiple Choice Hard

Practice question

In enforcing a final judgment, a sheriff properly directs a bank to identify and hold the debtor's peso deposit. A bank officer argues that the incidental disclosure required for execution is automatically the forbidden exploratory inquiry in RA 1405. Which response fits Ortega?
  1. Every disclosure incidental to execution is necessarily unlawful
  2. The Court treated the limited inquiry and holding necessary for proper garnishment as permissible, rather than making deposits execution-proof
  3. The officer may seize an unrelated customer's account instead
  4. A sheriff can dispense with all procedural requirements
  5. Every banking transaction becomes public

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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