Practice question
A proper third-party affidavit is served. In an ordinary private execution case, the officer demands the prescribed bond and the obligee does not file it. Is the officer bound under Section 16 to keep the property solely because the obligee insists?
- Yes, every insistence binds the officer.
- No; the section says the officer is not bound to keep it unless the required approved bond is filed on demand.
- Yes, even if the property plainly belongs to someone else.
- Yes, because affidavits are always irrelevant.
- Yes, the claimant can never seek relief.
Legal references
- https://lawphil.net/courts/rules/rc_1-71_civil.html — Rule 39, Section 16.
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