Philippine Bar review · Question

Practice question: Issuance of the Writ

Multiple Choice Hard

Practice question

A creditor proves an unpaid debt but requests attachment merely because its debtor plans a legitimate foreign vacation. The affidavit admits there is no evidence of intent to defraud creditors and invokes only Section1(a). Which is best?
  1. Every international departure establishes fraud
  2. Travel alone does not establish Section1(a), which requires the specified fraudulent intent
  3. A passport replaces the required affidavit
  4. An unpaid balance eliminates every statutory condition
  5. The court must award the creditor all travel expenses

Legal references

  • Rule57 Sections1(a) and3: https://lawphil.net/courts/rules/rc_1-71_civil.html

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