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 Hard

Practice question

Creditor C sues Debtor D and asks that Company E deposit money it allegedly owes D merely to secure C’s recovery. C establishes no juridical link between the two debts, and E contests any liability to C. C invokes inherent power as a universal substitute for attachment. Which follows Lorenzo Shipping?
  1. Every debtor’s debtor must deposit on request
  2. The absence of a juridical link is irrelevant in every case
  3. The stated facts do not establish a proper provisional-deposit basis merely from C’s money claim; inherent power is not universal attachment without its safeguards
  4. C may privately seize E’s money
  5. The request automatically makes E liable for the judgment

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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