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0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises
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An information for estafa is filed against accused A, the president and sole officer of a small electronics trading company. The Office of the Prosecutor files a petition for provisional remedies under Rule 127 seeking: (i) to freeze the bank accounts of A and two affiliated companies believed to be shell entities controlled by him, and (ii) to place a lien on a commercial lot owned by a third party but pledged as collateral for a loan that partly funds the two shell entities. The court issues an order freezing the named bank accounts for 45 days and imposes a provisional lien on the real property. A moves to dissolve, arguing that: (1) Rule 127 authorizes only provisional measures that are directly connected with the criminal action and that do not unduly bind third parties; (2) the measures violate due process and the right to property; (3) the lien is improper if the property is not within the accused’s possession or control. (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 requested bank freezes and the provisional lien on the property are proper provisional remedies under Rule 127 in this scenario, including the scope, necessity, and the 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.

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