Philippine Bar review · Question

Practice question: Proceedings Where Property is Claimed by Third Persons

Multiple Choice Hard

Practice question

The execution obligee files an indemnity bond under Section 16. A claimant sues on that bond for taking or keeping the property more than 120 days after filing of the bond, arguing that the period begins only upon a later demand letter. Which is correct?
  1. Every demand restarts the express period.
  2. The bond has no procedural period.
  3. The period begins only when counsel sends an invoice.
  4. Section 16 measures the stated 120-day period from filing of the bond, not the later private demand.
  5. The claimant's separate ownership action necessarily has that same period.

Legal references

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

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