Philippine Bar review · Question

Practice question: Proceedings Where Property is Claimed by Third Persons

Multiple Choice Medium

Practice question

Does filing the Section 16 third-party claim prevent the claimant from vindicating the property right in a separate action?
  1. Yes, the affidavit forever bars every suit.
  2. Yes, only the sheriff may decide title conclusively.
  3. No; the section expressly preserves a separate action to vindicate the property claim.
  4. Yes, unless the obligee privately consents.
  5. Yes, because execution always creates title in the obligee.

Legal references

  • https://lawphil.net/courts/rules/rc_1-71_civil.html — Rule 39, Section 16.

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