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Philippine Bar review · Question

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

Multiple Choice Hard

Practice question

A complainant shows only that the accused plans an ordinary domestic relocation and has a pending criminal charge. It invokes Section 2(a), with no absconding from the Philippines or other ground established. Which is sound?
  1. Those facts alone do not establish the specifically invoked absconding-from-the-Philippines ground.
  2. Every domestic move necessarily is absconding abroad.
  3. A pending charge itself proves every attachment ground.
  4. The complainant may freeze assets without judicial process.
  5. The accused’s furniture becomes the complainant’s property immediately.

Legal references

  • Rules of Court, Rule 127, Sections 1-2 and Rule 111, as applicable: https://lawphil.net/courts/rules/rc_110-127_crim.html

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