Practice question
A creditor files an ordinary collection action and moves for preliminary attachment under Rule 57. Does that motion automatically turn the suit into an independent special civil action?
- Yes, every provisional remedy does so.
- No; attachment is ancillary and does not by itself reclassify the principal action.
- Yes, because attachment finally decides ownership.
- No, because attachment is available only after final judgment.
- Yes, because an affidavit replaces the action.
Legal references
- https://lawphil.net/courts/rules/rc_1-71_civil.html — Rule 1 section 3; Rules 57, 62, 65 and 68.
- https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html — Rule 1 section 3 and Rule 2 section 5(b).
Answer this question in flashcards to review your response and continue practicing.