Philippine Bar review · Question

Practice question: Replevin (Rule 60)

Multiple Choice Medium

Practice question

An applicant is not the owner but claims a legally established right to possess the described personal property. Does Section 2(a) categorically exclude the applicant solely for not owning it?
  1. Yes; only absolute ownership can support the affidavit.
  2. Yes; possession rights never matter.
  3. No; the provision recognizes ownership or entitlement to possession.
  4. Yes; only the sheriff may assert possession.
  5. Yes; only the seller may apply.

Legal references

  • https://lawphil.net/courts/rules/rc_1-71_civil.html — Rule 60, Sections 1–6 and 9.

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