Philippine Bar review · Question

Practice question: Issuance of the Writ

Multiple Choice Hard

Practice question

A defendant owns assets in several regions. The court authorizes simultaneous writs securing a single supported demand. The applicant says each writ creates a new independent entitlement to secure the full amount cumulatively without regard to total attachment. Which is sound?
  1. Every additional writ automatically multiplies the debt.
  2. Multiple regional process does not enlarge the single lawful security amount into unlimited cumulative seizure.
  3. The supported demand is irrelevant once several sheriffs act.
  4. Each region independently creates a new substantive cause.
  5. Several writs conclusively permit every asset to be taken.

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.