Philippine Bar review · Question

Practice question: Issuance of the Writ

Multiple Choice Medium

Practice question

A valid ex parte attachment order issues before summons. The sheriff proposes an ordinary levy against a resident defendant without prior or contemporaneous summons and required papers. No Section5 exception applies. Which is correct?
  1. The ex parte order eliminates all service safeguards
  2. The order is necessarily void merely because summons came later
  3. A creditor’s phone call substitutes for summons
  4. Levy conclusively determines jurisdiction for every purpose
  5. Issuance and enforcement are distinct; this levy must comply with Section5 service requirements

Legal references

  • Rule57 Sections2 and5: https://lawphil.net/courts/rules/rc_1-71_civil.html

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