Practice question
After trial, the court finds the defendant entitled to the personal property's possession, but physical delivery can no longer be made. The applicant argues that Rule 60 permits only an impossible delivery order and never a value award. Which is correct?
- Section 9 provides alternative judgment for delivery to the entitled party or its value if delivery cannot be made, with proved damages and costs.
- The case must end without any relief whenever delivery is impossible.
- Only the applicant may receive any judgment.
- The sheriff may privately decide the value without judicial determination.
- The rule forbids all damages.
Legal references
- https://lawphil.net/courts/rules/rc_1-71_civil.html — Rule 60, Sections 1–6 and 9.
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