Practice question
The court has admitted lease documents and the parties’ historical rental-sharing admissions. It orders the disputed share preserved in court, while the exact ultimate interest and accounting remain for trial. The depositor claims that any quantified provisional sum necessarily prejudges the case. Which is correct under Guerrero Estate?
- Quantification always converts custody into final merits judgment
- An accounting dispute categorically forbids all preservation
- The court can never use admitted documents or admissions for provisional relief
- A supported preservatory order need not decide the final interest; the court must distinguish interim custody from final entitlement
- The order automatically proves every allegation in the complaint
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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