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?
- The levy must comply with the prior-or-contemporaneous service requirement
- Issuance alone removes that requirement
- The plaintiff can privately waive the defendant’s notice
- Only a newspaper receipt is needed in every case
- 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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