Philippine Bar review · Question

Practice question: Execution of Judgments for Money, for Specific Act, and of Special Judgments

Multiple Choice Hard

Practice question

Two garnishees hold enough credits to satisfy the writ. The debtor is available and identifies which should deliver the required amount. The creditor says the debtor can never have that role. Which Section9(c) text matters?
  1. The available debtor has the stated right to identify the delivering garnishee or garnishees
  2. Only the sheriff’s relative can choose
  3. The debtor is expressly excluded even when available
  4. Every garnishee must pay the full judgment independently
  5. All excess must be forfeited

Legal references

  • Rules of Court Rule39 relevant sections: https://lawphil.net/courts/rules/rc_1-71_civil.html Section9(a)–(c).

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