Philippine Bar review · Question

Practice question: Over the Res or Property in Litigation

Multiple Choice Hard

Practice question

A creditor obtains an attachment writ but never causes the prescribed levy or garnishment of the nonresident debtor’s identified local account. No other res-control proceeding occurs. He claims the unimplemented writ alone creates control over that account. Which distinction matters?
  1. Authority to attach is not the same as completed lawful attachment of the specific res
  2. An unimplemented writ automatically garnishes every account
  3. The creditor’s knowledge of the account creates custody
  4. The bank’s existence alone binds all assets
  5. The debtor’s foreign residence transfers ownership

Legal references

  • Rules of Court, Rule57 Sections5–7 and Rule39: https://lawphil.net/courts/rules/rc_1-71_civil.html
  • De Joya v Marquez GR162416 January31,2006 MAIN res-control modes: https://lawphil.net/judjuris/juri2006/jan2006/gr_162416_2006.html

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