Monday, March 17, 2014

DAMAGES ON ACCOUNT OF IMPROPER OR IRREGULAR SEIZURE IN REPLEVIN CASES:

     Section 10, Rule 60 of the Rules of Court, provides that in replevin cases, as in receivership and injunction cases, the damages to be awarded upon the bond “shall be claimed, ascertained, and granted” in accordance with Section 20 of Rule 57. The aforesaid provision essentially allows the application to be filed at any time before the judgment becomes executory.(ADVENT  CAPITAL AND FINANCE CORPORATION VS. ROLAND YOUNG, G.R. NO. 183018, AUGUST 3, 2011, CARPIO, J.). 

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