Practice question
Two garnishee banks each hold sufficient nonexempt credits to satisfy a valid judgment. The judgment obligor is available and wishes to identify which bank must deliver the amount due. Under Rule39 Section9(c), who has the initial choice on these facts?
- The available judgment obligor
- Only the sheriff, without regard to the rule
- A randomly selected stranger
- Both banks must automatically pay the full judgment twice
- The bank with the highest advertising budget
Legal references
- Bagbagen v. Perez, GR274980, February17 2025, Gaerlan MAIN: https://lawphil.net/judjuris/juri2025/feb2025/gr_274980_2025.html MAIN ruling on salary exemptions and garnishment.
- Rules of Court Rule39 Sections9(c) and13(i): https://lawphil.net/courts/supreme/rc/rc_1-71_civil.html
- PD1246 amending RA6426 Section8: https://lawphil.net/statutes/presdecs/pd1977/pd_1246_1977.html Section2 amending RA6426 Section8.
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