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?
- The depositor may privately withdraw any amount without permission
- The court may, on a party’s motion and the necessary showing, order an appropriate release for such expenses
- No funds can ever be released before final judgment for any reason
- The motion automatically resolves all ownership issues
- 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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