Practice question
The court finds an insufficient bond on a Section 13 challenge, but the defect is cured forthwith through proper sufficient security. Counsel insists the rule mandates discharge regardless of that cure. Which is sound?
- Section 13 expressly makes the uncured-defect condition relevant to the corresponding discharge.
- The cure is categorically irrelevant under the text.
- Every corrected defect automatically dismisses the main claim.
- The applicant is permanently barred from lawful attachment solely by the cured amount.
- The debtor obtains an automatic merits judgment.
Legal references
- Rules of Court, Rule 57 Sections 1-4 and 12-13, attachment grounds, issuance and discharge: https://lawphil.net/courts/rules/rc_1-71_civil.html
- Pilipinas Shell Petroleum Corp. v. Pobre, G.R. No. 259709, August 30, 2023, main decision, distinct attachment requirements and discharge avenues: https://lawphil.net/judjuris/juri2023/aug2023/gr_259709_2023.html
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