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Question
An information for estafa is filed against accused D, a city treasurer suspected of diverting funds through ghost-payments. The Office of the Prosecutor files a petition for provisional remedies under Rule 127 seeking: (i) to freeze D’s bank accounts and those of a private foundation where he serves as trustee; and (ii) to place a provisional lien on a warehouse owned by the foundation that is pledged as collateral for a loan used to finance the ghost-payments. The court issues an order freezing the accounts for 60 days and placing a provisional lien on the warehouse for 45 days. D moves to dissolve, contending that: (a) Rule 127 remedies must be directly connected with the criminal action and must not unduly bind third parties; (b) the accounts are not solely under his control; (c) the lien is improper because the property is not in his possession or control; (d) due process concerns; (e) the remedy should be narrowly tailored to the offense. (a) Identify the governing doctrine under Rule 127 for provisional remedies in criminal cases and explain how it is distinguished from civil provisional remedies. (b) Apply the doctrine to determine whether the bank-account freeze is a proper provisional remedy under Rule 127 in this scenario, including the scope, necessity, and risk to third parties. (c) If the remedy is improper, propose the appropriate alternative provisional measure and the conditions that must be satisfied for it to be granted.