Practice question
A broker is sued for entrusted funds fraudulently converted in the course of that role. Which is correct about Section 1(b)?
- Every private broker is outside the text.
- Any unpaid ordinary loan necessarily proves fiduciary conversion.
- The job title alone conclusively establishes embezzlement.
- Only the plaintiff’s distrust is required.
- The listed broker or fiduciary category may apply if the misconduct and other requisites are established.
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
Answer this question in flashcards to review your response and continue practicing.