Motion to Discharge Attachment

Defendant by the undersigned counsel Court most respectfully

moves that the attachment issued ex-parte by this Honorable Court
be discharged on the following grounds:

1. The defendant emphatically denies that he received in

full the construction materials mentioned in the complaint.

2. It is not true, as stated in the affidavit of the plaintiff, that

there is no other sufficient security for the claim sought to be
recovered in this action. The defendant is possessed of substantial
properties whose value is worth several times the amount claimed by
the plaintiff. The issuance of a writ of attachment against
defendant’s properties is consequently unwarranted highly
prejudicial to, and will cause, the defendant, irreparable damage
and injury. At any rate, defendant is hereby posting a counter bond
issued against the writ of attachment now deposited with the BPI
bank.

3. The defendant denies the allegations in the complaint

that they are guilty of fraud in contracting the obligations
considering that there were several payments made to the plaintiff,
and the defendant is asking for an accounting of all the materials
delivered less the payments made.

WHEREFORE, it is urgently prayed that the Order of

attachment, issued ex-parte by this Honorable Court on May 3,
_________ at the instance of the plaintiff, be discharged and lifted.

Such other relief and remedies as may be deemed just and

equitable under the premises are likewise prayed for.