RULE 57 PRELIMINARY ATTACHMENT Section 1 Grounds upon which attachment may issue.

WHEN:

1. At the commencement of the action or

2. at any time before entry of judgment WHO:

1. A plaintiff or
2. any proper party BORJA V. PLATON, 73 Phil 659 Proper party must have a claim against the other Issuance of attachment is in favor of defendant who sets up counterclaim which issuance is discretionary to the court; it is immaterial whether defendant presented counterclaim or brought a separate civil action (to afford speedy justice) WHAT: Grounds upon which attachment may issue. xxxxx may have the property WHAT MAYBE ATTACHED PROFESSIONAL VIDEO, INC. VS. TESDA, G.R. NO. 155504 6/26/09 TESDAs funds are public in character, hence, exempt from attachment or garnishment even if assuming TESDA entered into proprietary contract with PROVI and thereby gave its implied consent to be sued. PROVI failed to prove it is entitled to the Writ of Attachment. WHOSE PROPERTY: of the adverse party attached as security for the satisfaction of any judgment that may be recovered in the following cases: (a) In an action for 1. the recovery of: a specified amount of money or damages, other than moral and exemplary, on a cause of action arising from: law contract quasi-contract, delict or quasi-delict against a party who is about to depart from the Philippines which intent to defraud his creditors; (b) In an action for 1. money or property embezzled or fraudulently misapplied or converted to his own use by a public officer, or an officer of a corporation, or an attorney, factor, broker agent, or clerk, in the course of his employment as such, or by other person in a fiduciary capacity, or 2. for a willful violation of duty;

OLSEN v OLSEN The interlocutory order is comparable with an order refusing to annul attachment. Abuse of confidence of officers, took money for personal use amounting to fraud of civil character warrants issuance of attachment. (c) In an action 1. to recover the possession of property - unjustly or fraudulently taken, - detained or - converted, o when the property, or any part thereof, has been concealed, removed, or disposed of to prevent its being found or taken by o the applicant or o an authorized person; (d) In an action against a party who has been guilty of a fraud a. the debt or

in

contracting the the

b.
obligation upon which the action is brought, or

incurring in

c.
performance thereof;

LIBERTY INSURANCE V. CA G.R. NO. 104405 1993 The instant case being an action against a party who has been guilty of fraud in contracting obligation upon which the action is brought, respondent ARKIN is not allowed to move to dissolve the attachment on the ground that the Writ was improperly or irregularly issued NG WEE V TAN KIANSEE G.R. NO. 171124 2/13/2008 The Writ of Attachment is properly issued in so far as it concerns the properties of VIRATA and UEM MARA does not affect respondent for respondent was never a party thereto. Respondent is not in the same situation as VIRATA and EUM MARA because only a general not detailed allegation was made against respondent. FCY CONSTRUCTION GROUP vs. CA 381 Phil 282 (2006) The fraud petitioners were accused of and which was the basis for the issuance of questioned attachment, was fraud alleged to have been committed upon contracting the obligation sued upon which cannot be dissolved on ground it was irregularly issued because hearing on the motion would be trial on merits. (e) In an action against a party 1. who has a. removed or b. disposed of his property, or c. is about to do so, - with intent to defraud his creditors; or ABOITIZ v. COTABATO 105 SCRA 88

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CA did not err. The restraining order shall not have included restraining trial court from hearing the case which trial court denied the move to dissolve the attachment.

(f) In an action against a party who does not reside and is not found in the Philippines, or on whom summons may be served by publication. MALICHE v. DE LENCQUESAING 142 SCRA 694

Sec. 2. Issuance and contents of order. An order of attachment may be issued either: 1. ex parte or TOLEDO v. BURGOS 168 SCRA 513 Writ of Preliminary attachment maybe issued without hearing. The judge before whom the application is made has full discretion to consider evidence of applicant. The sufficiency or insufficiency of affidavit depends on judges discretion. upon motion with notice and hearing by: a. the court in which the action is pending, or b. by the Court of Appeals or c. the Supreme Court, and must require the sheriff of the court to attach a. so much of the property a. in the Philippines b. of the party against whom it is issued, c. not exempt from execution, d. as may be sufficient to satisfy the applicant's demand, b. unless such party (PARTY AGAINST WHOM THE ATTACHMENT IS ISSUED) a. makes deposit or b. gives a bond as hereinafter provided in an amount equal to: a. that fixed in the order, which may be the amount sufficient to satisfy the applicant's demand or b. the value of the property to be attached as stated by the applicant, exclusive of costs.

2.

Several writs may be issued o at the same time o to the sheriffs of the courts c. of different judicial regions. Sec. 3. Affidavit and bond required. An order of attachment shall be granted - only when it appears by the affidavit of: 1. the applicant, or 2. of some other person who personally knows the facts, that: 1. a sufficient cause of action exists,

4 2. that the case is one of those mentioned in section 1 hereof, 3. that there is no other sufficient security for the claim sought to be
enforced by the action, and

4. that a. b.
the amount due to the applicant, or the value of the property the possession of which he is entitled to recover, is as much as the sum for which the order is granted above all legal counterclaims.

PHIL. BANK OF COMMUNCIATION v. CA GR NO. 115678 2/23/2001 NG WEE, ibid. The (A) affidavit, and the (B) bond required by the next succeeding section, - MUST be duly filed with the court before the order issues.

Sec. 4. Condition of applicant's bond. The party applying for the order 1. must thereafter give a bond - executed to the adverse party - in the amount fixed by the court in its order granting the issuance of the writ, - conditioned that the latter will pay a. all the costs which may be adjudged to the adverse party and b. all damages which he may sustain by reason of the attachment, if the court shall finally adjudged that the applicant was not entitled there to (ISSUANCE OF THE WRIT). FROM: WHAT: TO: AMOUNT: CONDITION: The party applying for the order must thereafter give a bond executed to the adverse party in the amount fixed by the court in its order granting the issuance of the writ, conditioned that the latter will pay 1. all the costs which may be adjudged to the adverse party and 2. all damages which he may sustain by reason of the attachment, if the court shall finally adjudged that the applicant was not entitled there to (ISSUANCE OF THE WRIT).

Sec. 5. Manner of attaching property. The sheriff enforcing the writ shall 1. without delay and 2. with all reasonable diligence a. attach, to await judgment and execution in the action, only so much of the property in the Philippines of the party against whom the writ is issued, not exempt from execution, as may be sufficient to satisfy the applicant's demand, unless the former (PARTY AGAINS WHOM THE WRIT IS ISSUED) 1. makes a deposit with the court from which the writ is issued, or 2. gives a counterbond executed to the applicant,

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in an amount equal a. to the bond fixed by the court in the order of attachment or b. to the value of the property to be attached, exclusive of costs.

No levy on attachment pursuant to the writ issued under section 2 hereof shall be enforced unless 1. it is (A) preceded, or (B) contemporaneously accompanied, by a. service of summons, b. together with a copy of the complaint, c. the application for attachment, d. the applicant's affidavit and bond, and e. the order and writ of attachment, on the defendant within the Philippines. The requirement of prior or contemporaneous service of summons shall not apply where: 1. the summons could not be served a. personally or b. by substituted service despite diligent efforts, or c. the defendant is a resident of the Philippines temporarily absent therefrom, or d. the defendant is a non-resident of the Philippines, or e. the action is one (A) in rem or (B) quasi in rem. Sec. 6. Sheriff's return. WHEN: After enforcing the writ, WHO: the sheriff must likewise

without delay

1. make a return thereon o to the court from which the writ issued, with: 1. a full statement of his proceedings under the writ and 2. a complete inventory of the property attached, 3. together with any counter-bond given by the party against
whom attachment is issued, and

2. serve copies thereof on the applicant.