Philippine Bar review · Question

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

Multiple Choice Hard

Practice question

The civil action is properly instituted and a listed ground is alleged. May attachment reach property solely because it belongs to an unrelated third person, without a lawful basis attributing it to the accused?
  1. Yes, the accusation authorizes seizure of every stranger’s assets.
  2. No; Rule 127 concerns attachment of the accused’s property as security.
  3. Yes, proximity to the accused automatically transfers title.
  4. Yes, the complainant may select any solvent person’s property.
  5. Yes, third-party ownership is irrelevant under every law.

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

Answer this question in flashcards to review your response and continue practicing.