Practice question
The court orders Section 12 discharge after proper substitute security is supplied. The applicant demands both continued retention of the same released property and the replacement security solely to double its security despite the discharge order. Which is correct?
- Discharge necessarily means retaining everything as cumulative security.
- The rule calls for delivery of the released property or sale proceeds, with the substitute standing in its place.
- Every counterbond automatically doubles the debt.
- The court’s release order has no effect.
- The sheriff may keep the proceeds personally.
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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