Philippine Bar review · Question

Practice question: Replevin (Rule 60)

Multiple Choice Hard

Practice question

A third person, distinct from the adverse party and agent, serves the required sworn claim while the sheriff still possesses the replevied goods. The applicant says the initial writ alone obliges the sheriff to ignore every third-party claim. Which Section7 mechanism matters?
  1. The court-approved indemnity bond procedure on the sheriff’s demand
  2. All third-party claims are prohibited
  3. The initial applicant bond automatically adjudicates outsider title
  4. The sheriff personally owns the goods
  5. A sworn claim always conclusively transfers ownership

Legal references

  • Rules of Court specified Rules58–61: https://lawphil.net/courts/rules/rc_1-71_civil.html Rule60 Sections2–4 and7–8.

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