Philippine Bar review · Question

Practice question: Issuance of the Writ

Multiple Choice Medium

Practice question

A supplier relies solely on a customer’s overdue invoice as proof of fraud under Section1(d). No specific deceptive act is alleged. Is that sufficient?
  1. Yes, every breach is fraud
  2. Yes, if the complaint uses the word fraud
  3. Yes, if the creditor wants security
  4. No; nonpayment alone does not establish the particularized fraud required
  5. No attachment can ever secure contractual claims

Legal references

  • Pilipinas Shell v. Pobre, G.R.259709, August30 2023: https://lawphil.net/judjuris/juri2023/aug2023/gr_259709_2023.html

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