Philippine Bar review · Question

Practice question: Provisional Remedies in Criminal Cases (Rule 127)

Multiple Choice Medium

Practice question

A civil action is properly instituted in a prosecution based on money allegedly embezzled by a corporate officer in the course of employment. Does Rule 127 expressly recognize this kind of fiduciary claim as an attachment ground?
  1. No, fiduciary claims are categorically excluded
  2. No, only land disputes qualify
  3. Only if every shareholder agrees
  4. Only after the money has already been repaid
  5. Yes, subject to the required showing and applicable procedural safeguards

Legal references

  • Rules of Court, Rule 127, Sections 1–2.
  • Reviewed primary authority, Rule 127, Sections 1–2: https://lawphil.net/courts/rules/rc_110-127_crim.html

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