Philippine Bar review · Question

Practice question: Dissolution of Attachment

Multiple Choice Hard

Practice question

A court hears a Section13 motion supported by affidavits. The applicant supplies counter-affidavits, but the court finds improper issuance and an uncured defect. The applicant insists only the final trial can address attachment. Which is best?
  1. The court must wait for final judgment in every case
  2. The court must order the corresponding setting aside or discharge under Section13
  3. Counter-affidavits conclusively defeat the motion
  4. The sheriff alone decides legal sufficiency
  5. A pending main claim validates all attachment defects

Legal references

  • Rule57 Section13: https://lawphil.net/courts/rules/rc_1-71_civil.html

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