Practice question
Does a proper provisional deposit necessarily decide the parties’ exact final shares on the merits?
- Yes, every deposit is a final ownership ruling
- Yes, no trial may follow
- Yes, deposit permanently makes the claimant owner
- No, a preservatory order can leave the precise final entitlement for trial
- No, because the court has no power to preserve anything
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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