Practice question
An attachment debtor first offers substituted security, then identifies an inadequate supporting affidavit and moves to discharge the writ. The applicant argues that choosing security permanently waived every issuance defect. Which is best?
- Availing of one discharge route does not by itself waive the distinct Rule57 challenge
- The applicant is correct in every case
- Every successive motion is automatically a timely reconsideration
- The debtor may ignore all procedural deadlines
- The debt must be dismissed without evidence
Legal references
- Pilipinas Shell v. Pobre, G.R.259709, August30 2023: https://lawphil.net/judjuris/juri2023/aug2023/gr_259709_2023.html
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