Davao Light v.

CA
Gr No. 93262 Dec 29, 1991
2 ways of discharging the attachment:
Facts: 1. By posting of a counterbond;
Davao Light filed a complaint for sum of money against Queensland Hotel 2. By showing of its improper or irregular issuance.
and Teodorico Adarna. The complaint contained an ex parte application for a
writ of preliminary attachment. The Judge granted and issued the writ of With respect to other provisional remedies; preliminary injunction rule 58;
attachment and the sheriff served the summon against Queensland Hotel. receivership rule 59; replevin or delivery of personal property rule 60; the rule
The respondents contend that the preliminary attachment should not have is the same they may also be issued ex parte.
been issued because the court has not yet acquired jurisdiction over the
person of the defendants.

Issue:
Whether the writ of preliminary attachment may issue ex parte against a
defendant before acquisition of jurisdiction of the latter’s person by service
of summons or his voluntary submission to the court’s authority?

Held:
No. The plaintiff may apply for and obtain a writ of preliminary attachment
upon fulfilment of the pertinent requisites laid down by law and that he may
do so at any time, either before or after service of summons on the
defendant.

The court declared that nothing in the RoC makes notice and hearing
indispensable and mandatory requisites for the issuance of the writ of
attachment, the only pre requisite is that the court be satisfied, upon
consideration of the affidavit of the applicant or of some other person who
personally knows the facts that a sufficient cause of actions exists, that the
case is one of those mentioned in sec 1 rule 57, that there is no other
sufficient security for the claim sought to be enforced by the action, and that
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
of attachment is granted above all legal counterclaims. If the court be so
satisfied, the order of attachment shall be granted, and the writ shall issue
upon the applicant’s posting of bond executed to the adverse party in an
amount to be fixed by the judge not exceeding the plaintiff’s claim,
conditioned that the latter will pay all the costs which may be adjudged to
the adverse party and all damages which he may sustain by reason of the
attachment, if the court shall finally adjudge that the applicant was not
entitled thereto.