Philippine Bar review · Question

Practice question: Over the Res or Property in Litigation

Multiple Choice Medium

Practice question

A domestic defendant can readily be served and no Section5 exception applies. The sheriff proposes levy without prior or contemporaneous summons and required papers. Which is correct?
  1. The levy must comply with the prior-or-contemporaneous service requirement
  2. Issuance alone removes that requirement
  3. The plaintiff can privately waive the defendant’s notice
  4. Only a newspaper receipt is needed in every case
  5. A sheriff’s preference overrides the rule

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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