Philippine Bar review · Question

Practice question: Issuance of the Writ

Multiple Choice Hard

Practice question

A wholesaler seeks attachment for a definite unpaid delivery price plus enormous projected profits from a proposed project never finalized. It supplies no concrete fraud beyond missed payment, and assumes lack of a previously negotiated security proves present insufficiency. Should the court simply attach the total demand?
  1. No; it must independently examine the statutory ground, security showing, and proper amount
  2. Yes, every amount pleaded must be attached
  3. Yes, anticipated profits are automatically liquidated
  4. Yes, historical absence of a bond proves every requisite
  5. No, attachment is abolished for all suppliers

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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