BAR QUESTIONS AND ANSWERS
PROVISIONAL REMEDIES
Attachment; Bond (2008)
No.VI. After his properties were attached,
defendant Porfirio filed a sufficient
counterbond. The trial court discharged the
attachment. Nonetheless, Porfirio suffered
substantial prejudice due to the unwarranted
attachment. In the end, the trial court rendered
a judgment in Porfirio’s favor by ordering the
plaintiff to pay damages because the plaintiff
was not entitled to the attachment. Porfirio
moved to charge the plaintiff’s attachment
bond. The plaintiff and his sureties opposed the
motion, claiming that the filing of the
counterbond had relieved the plaintiff’s
attachment bond from all liability for the
damages. Rule on Porfirio’s motion.
Attachment; Garnishment (2008)
No.VII. (a) The writ of execution was returned
unsatisfied. The judgment oblige subsequently
received information that a bank holds a
substantial deposit belonging to the judgment
obligor. If you are the counsel of the judgment
oblige, what steps would you take to reach the
deposit to satisfy the judgment?
SUGGESTED ANSWER:
Porfirio‟s motion to charge the plaintiff‟s
attachment bond is proper. The filing of the
counterbond by the defendant does not mean
that he has waived his right to proceed against
the attachment bond for damages. Under the
law (Sec. 20, Rule 57), an application for
damages on account of improper, irregular, or
excessive attachment is allowed. Such damages
may be awarded only after proper hearing and
shall be included in the judgment on the main
case.
Moreover, nothing shall prevent the party
against whom the attachment was issued from
recovering in the same action the damages
awarded to him from any property of the
attaching party not exempt from execution
should the bond or deposit given by the latter
be insufficient or fail to fully satisfy the award.
(D.M. Wenceslao & Associates, Inc. vs.
Readycon Trading & Construction Corp., G.R.
No. 154106, 29 June 2004).
SUGGESTED ANSWER:
I will ask for a writ of garnishment against the
deposit in the bank (Sec. 9[c], Rule 57).
ALTERNATIVE ANSWER:
I shall move the court to apply to the
satisfaction of the judgment the property of the
judgment obligor or the money due him in the
hands of another person or corporation under
Sec. 40, Rule 39.