Philippine Bar review · Question

Practice question: Effect of Levy on Third Persons

Multiple Choice Hard

Practice question

A third-party claimant and creditor dispute whether levied goods are worth PHP400,000 or PHP900,000. The creditor posts a PHP50,000 private undertaking and argues no judicial valuation or approval is possible. Which Section16 safeguards matter?
  1. Court approval, the property-value minimum and issuing-court resolution of the valuation dispute
  2. Any private undertaking conclusively suffices
  3. The sheriff alone may abolish the minimum
  4. A claimant’s objection ends all process automatically
  5. The amount must always equal only legal fees

Legal references

  • Rules of Court Rule39 relevant sections: https://lawphil.net/courts/rules/rc_1-71_civil.html Sections12 and16.

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