Philippine Bar review · Question

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

Multiple Choice Hard

Practice question

A complainant points to a pending criminal charge and demands that police freeze all of the accused's assets immediately, without a proper application or judicial process. The civil claim is properly instituted, but no attachment ground has been shown. Which is correct?
  1. The charge alone automatically freezes every asset
  2. Rule 127 permits security relief only upon the required ground and applicable process; the criminal charge alone is insufficient
  3. The police may conclusively award all assets to the complainant
  4. The accused's denial automatically supplies every attachment ground
  5. No civil provisional remedy can ever be used in a criminal case

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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