Philippine Bar review · Question

Practice question: Over the Res or Property in Litigation

Multiple Choice Easy

Practice question

Does merely obtaining an attachment order necessarily prove that every asset named by the applicant has already been levied upon?
  1. No; issuance and lawful enforcement are distinct
  2. Yes; an unserved order physically seizes everything
  3. Yes; the applicant’s list is conclusive custody
  4. Yes; every foreign asset is automatically seized
  5. Yes; no enforcement act is needed

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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