Saturday, July 20, 2013

Writ of preliminary attachment; lifetime. - sc.judiciary.gov.ph/jurisprudence/2013/july2013/185734.pdf

see - sc.judiciary.gov.ph/jurisprudence/2013/july2013/185734.pdf


"x x x.

By its nature, preliminary attachment, under Rule 57 of the Rules of Court (Rule 57), is an ancillary remedy applied for not for its own sake but to enable the attaching party to realize upon the relief sought and expected to be granted in the main or principal action; it is a measure auxiliary or incidental to the main action. As such, it is available during its pendency which may be resorted to by a litigant to preserve and protect certain rights and interests during the interim, awaiting the ultimate effects of a final judgment in the case.26 In addition, attachment is also availed of in order to acquire jurisdiction over the action by actual or constructive seizure of the property in those instances where personal or substituted service of summons on the defendant cannot be effected.27

In this relation, while the provisions of Rule 57 are silent on the length of time within which an attachment lien shall continue to subsist after the rendition of a final judgment, jurisprudence dictates that the said lien continues until the debt is paid, or the sale is had under execution issued on the judgment or until the judgment is satisfied, or the attachment discharged or vacated in the same manner provided by law.28

 Applying these principles, the Court finds that the discharge of the writ of preliminary attachment against the properties of Sps. Lazaro was improper.

 Records indicate that while the parties have entered into a compromise
agreement which had already been approved by the RTC in its January 5,
2007 Amended Decision, the obligations thereunder have yet to be fully
complied with – particularly, the payment of the total compromise amount of P2,351,064.80. Hence, given that the foregoing debt remains unpaid, the attachment of Sps. Lazaro’s properties should have continued to subsist.

x x x."