Philippine Bar review · Question

Practice question: Replevin (Rule 60)

Multiple Choice Hard

Practice question

The sheriff takes property under a replevin writ and immediately hands it to the applicant, claiming seizure itself conclusively settles possession and removes every return procedure. Which is correct?
  1. Seizure automatically ends the case.
  2. The sheriff may disregard Sections 5–6.
  3. The applicant becomes final owner solely through taking.
  4. Every objection is permanently barred upon seizure.
  5. The sheriff must observe the prescribed custody and disposition framework; provisional seizure is not final adjudication.

Legal references

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

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