Philippine Bar review · Question

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

Multiple Choice Medium

Practice question

The civil action ex delicto has validly been waived and is not instituted in the criminal case. May the complainant rely on Rule 127 solely on the basis of the criminal charge to secure that waived claim there?
  1. Yes, a charge always includes every waived claim
  2. Yes, every criminal case automatically authorizes attachment
  3. No, the rule requires the relevant civil action to be properly instituted with the criminal action
  4. Yes, if the complainant requests punishment
  5. Yes, if the accused has substantial assets

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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