Philippine Bar review · Question

Practice question: Issuance of the Writ

Multiple Choice Hard

Practice question

The applicant proves a ground but asks the court expressly to include property concededly exempt from execution in its writ. No lawful exception to the exemption exists. Which is correct?
  1. Section 2 limits the order to property not exempt from execution.
  2. A proved ground automatically erases all exemptions.
  3. Every provisional order has unlimited reach.
  4. The bond privately repeals the exemption.
  5. An applicant’s preference conclusively determines attachable property.

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

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