Philippine Bar review · Question

Practice question: Dissolution of Attachment

Multiple Choice Hard

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?
  1. Section 13 expressly makes the uncured-defect condition relevant to the corresponding discharge.
  2. The cure is categorically irrelevant under the text.
  3. Every corrected defect automatically dismisses the main claim.
  4. The applicant is permanently barred from lawful attachment solely by the cured amount.
  5. 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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