Practice question
The court validly attaches an identified bank debt by serving the proper garnishee under Rule57. Must the cash necessarily be physically carried into the courtroom before any legal control can arise?
- No; the prescribed garnishment method can impose legal control
- Yes; physical courtroom delivery is always indispensable
- Yes; bank debts can never be attached
- Yes; only land can be a res
- Yes; a debtor’s consent is always required
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
Answer this question in flashcards to review your response and continue practicing.