Philippine Bar review · Question

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

Multiple Choice Medium

Practice question

After a proper rental-income deposit, the depositor establishes a need for operating or maintenance expenses and applies to the court. What does Guerrero Estate recognize?
  1. The depositor may privately withdraw any amount without permission
  2. The court may, on a party’s motion and the necessary showing, order an appropriate release for such expenses
  3. No funds can ever be released before final judgment for any reason
  4. The motion automatically resolves all ownership issues
  5. The claimant may alone decide the motion

Legal references

  • https://lawphil.net/judjuris/juri2022/feb2022/gr_253428_2022.html — Guerrero Estate Development Corp. v. Leviste & Guerrero Realty Corp., G.R. No. 253428, February 16, 2022, main decision; Rule 135 sections 5(g) and 6 quoted and applied to preservatory rental deposits.
  • https://lawphil.net/judjuris/juri2019/mar2019/gr_175727_2019.html — Lorenzo Shipping Corp. v. Villarin, G.R. Nos. 175727 and 178713, March 6, 2019, main decision, two deposit categories and limits where a juridical link is absent.

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