Davao Light v.

CA
Gr No. 93262 Dec 29, 1991
Facts:
Davao Light filed a complaint for sum of money against Queensland
Hotel and Teodorico Adarna. The complaint contained an ex parte
application for a writ of preliminary attachment. The Judge granted
and issued the writ of attachment and the sheriff served the
summon against Queensland Hotel. The respondents contend that
the preliminary attachment should not have 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 latters
person by service of summons or his voluntary submission to the
courts 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 applicants posting of bond executed to
the adverse party in an amount to be fixed by the judge not
exceeding the plaintiffs 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.

2 ways of discharging the attachment:

1. By posting of a counterbond;
2. By showing of its improper or irregular issuance.
With respect to other provisional remedies; preliminary injunction
rule 58; receivership rule 59; replevin or delivery of personal
property rule 60; the rule is the same they may also be issued ex
parte.