Philippine Bar review · Question

Practice question: Nature and Purpose

Multiple Choice Medium

Practice question

A creditor obtains preliminary attachment of a debtor’s machine to secure a possible money judgment. The creditor says the attachment itself authorizes using the machine as its own production equipment. Which is correct?
  1. Attachment necessarily gives the creditor ownership.
  2. Every secured asset automatically becomes the applicant’s inventory.
  3. A provisional writ always is a final sale.
  4. The security purpose does not itself transfer ownership or an unrestricted personal-use right.
  5. The debt is conclusively paid by issuance alone.

Legal references

  • Rules of Court, Rules 57-61, provisional-remedy purposes and the particular provisions identified in each explanation: https://lawphil.net/courts/rules/rc_1-71_civil.html

Answer this question in flashcards to review your response and continue practicing.