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0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises
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A final money judgment for ₱2,450,000 is entered against ArcTech, Inc. The court also separately orders the delivery of ArcTech’s turbine blade currently stored in ArcTech’s warehouse (non-monetary relief). The trial court immediately issues a writ of execution to satisfy the money judgment. The sheriff levies on ArcTech’s corporate bank accounts totaling ₱1,200,000 and on ArcTech’s turbine blade in the warehouse. ArcTech contends that the writ is a matter of right for the money judgment but discretionary for the non-monetary relief; it also argues some of the bank funds may be exempt and the turbine blade is essential to its business and should be safeguarded. The court must decide: (a) identify whether the writ of execution is a matter of right or a matter of discretion, and state the governing rule; (b) distinguish the controlling rule for enforcement in a money judgment versus a judgment for the delivery of specific property or other non-monetary relief, including the typical safeguards the court may require; (c) apply the rule to the facts and state the result regarding the propriety of issuing the writ as a matter of right for the money judgment and the status of the levy on the bank accounts and the turbine blade, including what safeguards, if any, the court should consider for the latter.

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