Practice question
Does filing the Section 16 third-party claim prevent the claimant from vindicating the property right in a separate action?
- Yes, the affidavit forever bars every suit.
- Yes, only the sheriff may decide title conclusively.
- No; the section expressly preserves a separate action to vindicate the property claim.
- Yes, unless the obligee privately consents.
- 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.
Answer this question in flashcards to review your response and continue practicing.