Practice question
An applicant alleges specific fraud and a sufficient cause of action but offers no adequate basis for its assertion that no other sufficient security exists. It argues that fraud, if alleged, makes every other requisite irrelevant. Which is correct?
- Fraud replaces every other condition.
- The application must always be granted without examination.
- The court must assess all applicable requisites, including the absence of other sufficient security.
- The applicant may choose which requirements to obey.
- The security question is always prohibited.
Legal references
- https://lawphil.net/courts/rules/rc_1-71_civil.html — Rule 57, Sections 1 and 3.
- https://lawphil.net/judjuris/juri2023/aug2023/gr_259709_2023.html — Pilipinas Shell v. Pobre, G.R. 259709, August 30, 2023, main opinion.
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