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Philippine Bar review · Question

Practice question: Garnishment of Deposits, Including Foreign Deposits

Multiple Choice Easy

Practice question

What did China Banking v Ortega hold about RA 1405 and garnishment to execute a final judgment?
  1. RA 1405 does not place the judgment debtor's peso deposits beyond execution
  2. Every peso deposit is forever exempt from execution
  3. The sheriff owns the debtor's deposits personally
  4. A bank becomes the judgment debtor in every case
  5. Any private letter is enough to seize deposits

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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