Practice question
A defendant discovers that attachment was irregularly enforced but cannot afford a counterbond. Must it first post one to invoke Section13?
- Yes, every challenge requires a counterbond
- Yes, irregular levy becomes valid if security is unaffordable
- No judicial motion is needed
- No; challenge for irregularity is distinct from discharge by substituted security
- The underlying debt is automatically extinguished
Legal references
- Rule57 Sections12–13; Pilipinas Shell v. Pobre: https://lawphil.net/judjuris/juri2023/aug2023/gr_259709_2023.html
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