Philippine Bar review · Topic

Provisional Deposit (Rule 135, Secs. 5(g) and 6; Guerrero Estate Dev. Corp. v. Leviste & Guerrero Realty Corp., G.R. No. 253428)

Explore Provisional Deposit (Rule 135, Secs. 5(g) and 6; Guerrero Estate Dev. Corp. v. Leviste & Guerrero Realty Corp., G.R. No. 253428) in PROVISIONAL…

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Practice questions

  1. What is the essential preservatory function of a provisional deposit order in the cited jurisprudence?
  2. What provisions supply the inherent-power basis identified in Guerrero Estate?
  3. Does a proper provisional deposit necessarily decide the parties’ exact final shares on the merits?
  4. A defendant regularly receives warehouse rent from a nonparty tenant under a lease. The litigants’ contract and admissi…
  5. After a proper rental-income deposit, the depositor establishes a need for operating or maintenance expenses and applie…
  6. Creditor C sues Debtor D and asks that Company E deposit money it allegedly owes D merely to secure C’s recovery. C est…
  7. The court has admitted lease documents and the parties’ historical rental-sharing admissions. It orders the disputed sh…
  8. Explain the legal basis and preservatory nature of provisional deposit under Guerrero Estate, and why lawful jurisdicti…
  9. Describe the two general deposit categories identified in Lorenzo Shipping and the importance of the agreement or jurid…
  10. Distinguish a supported preservatory rental deposit from final payment to a claimant. Address unresolved accounting and…
  11. Does the absence of provisional deposit from the enumerated Rules57–61 alone establish that courts can never issue it?
  12. Must a contractual rental-share claim necessarily be a corporate dividend claim merely because one defendant is incorpo…