Philippine Bar review · Question

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

Multiple Choice Hard

Practice question

The court validly attaches property under Rule 127 to secure a properly instituted civil claim. The complainant argues that attachment conclusively proves criminal guilt and immediately entitles the complainant to the property's ownership. Which is correct?
  1. Attachment is itself a final criminal conviction
  2. Attachment automatically adjudicates all title disputes
  3. The accused has no further trial rights
  4. Attachment secures a possible judgment and does not itself determine final guilt, damages or ownership
  5. A valid attachment makes evidence unnecessary

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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