Philippine Bar review · Question

Practice question: Requisites

Multiple Choice Medium

Practice question

The possessor refuses to sign a constructive-distraint receipt. The officer lists the property before two witnesses and leaves a copy where it is located, satisfying all other requirements. Does refusal alone defeat constructive distraint?
  1. Yes; the possessor has an absolute veto.
  2. Yes; only a voluntary donation can be restrained.
  3. No; because witnesses are always unnecessary.
  4. No;206 expressly provides this alternative procedure.
  5. Yes; listing is expressly forbidden.

Legal references

  • NIRC Sections204,206-208,222-223 and248-249, as applicable and amended: https://lawphil.net/statutes/repacts/ra1997/ra_8424_1997.html

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