Philippine Bar review · Topic
Proceedings Where Property is Claimed by Third Persons
Explore Proceedings Where Property is Claimed by Third Persons in Execution, Satisfaction, and Effect of Judgments (Rule 39) for the Philippine Bar. Browse…
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Practice questions
- For the third-party claim described in Rule 39, Section 16, what must the claimant execute?
- Upon whom must the affidavit and copy in Section 16 be served?
- Under Section 16's ordinary bond provision, what is the minimum indemnity-bond amount?
- A proper third-party affidavit is served. In an ordinary private execution case, the officer demands the prescribed bon…
- Does filing the Section 16 third-party claim prevent the claimant from vindicating the property right in a separate act…
- The execution obligee files an indemnity bond under Section 16. A claimant sues on that bond for taking or keeping the …
- Execution is issued in favor of the Republic through a duly representing officer. A third-party claimant insists that S…
- Outline the third-party claim procedure in Rule 39, Section 16 for property levied on in execution. Identify the claima…
- Distinguish an action for taking-or-keeping damages against the Section 16 bond from a separate action to vindicate the…
- Does the Section 16 procedure protect a frivolous or plainly spurious third-party claim from any consequence? Explain t…
- Who determines disputed property value for the Rule39 Section16 bond?
- Does Section16’s third-party category exclude the judgment obligor and the obligor’s agent?