Philippine Bar review · Question

Practice question: Grounds for Issuance

Multiple Choice Hard

Practice question

A plaintiff proves a debtor’s assets were moved only for documented ordinary storage, with no intent to defraud creditors. No recovery-property concealment or other ground exists. It invokes Section 1(e) solely from physical movement. Which is correct?
  1. Every change of storage location conclusively proves fraud.
  2. The required fraudulent-creditor intent cannot be omitted.
  3. The word moved alone satisfies every attachment ground.
  4. An unpaid debt automatically proves dishonest intent.
  5. The court may disregard the paragraph’s mental element.

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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