Philippine Bar review · Question

Practice question: Over the Res or Property in Litigation

Multiple Choice Easy

Practice question

Does attachment ordinarily permit seizure of unlimited nonexempt property far beyond the amount sufficient for the applicant’s demand?
  1. No; Rule57 Section5 limits the extent
  2. Yes; every asset must always be seized
  3. Yes; a creditor may choose any excess
  4. Yes; amount never matters
  5. Yes; exempt property is always included

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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