SILANGAN TEXTILE MANUFACTURING CORPORATION versus HON. AVELINO G. DEMETRIA G.R. No. 166719. March 12 2!!7 CHICO"NA#ARIO J .$ .$ FACTS$
Luzon Spinning Mills, Incorporated (LSMI) filed before the Regional Trial Trial Court Court (RTC (RTC)) of Lipa Lipa City, City, a Compla Complaint int for Collec Collectio tion n of Sum of Money against Silangan Tetile Manufacturing Corporation (STMC)! In its Compla Complaint int,, LSMI LSMI allege alleged d that that "nita "nita,, #immy #immy and $enito $enito,, all surnam surnamed ed Silangan, in their capacity as stoc%holders and officers of STMC ordered &&&,&'&!' %ilograms of yarn, alued in the total amount of *+,+ *+,+++ ++, ,-. -.! !! ! The The yarns yarns /ere /ere deli delie ere red d at the the offi office ce of STMC STMC as eidenced by deliery receipts!
0hen presented for payment, the foregoing postdated chec%s /ere dishonored for the reason, 1ra/n "gainst Insufficient 2und (1"I2)! LSMI demanded from STMC the immediate payment of the obligation! STMC failed and refused to heed the demand of LSMI3 hence, the latter filed the Complaint before the RTC! In accordance /ith the prayer of LSMI, and finding the same to be sufficient in form and substance, the RTC issued a /rit /rit of prel prelim imin inar ary y atta attach chme ment nt agai agains nstt STMC STMCss prop proper erti ties es!! In this this connection, a notice of attachment on the properties in the name of STMC coered by Transfer Certificates of Title 4o! 55'' and 4o! 55'. /as issued!
"ppa "ppare rent ntly ly,, LSMI LSMI had had alre alread ady y pre preio ious usly ly inst instit itut uted ed befo before re the the Municipal Trial Court (MTC) of Lipa City, $ranch &, criminal cases against the Silang Silangans ans for iolat iolation ion of $atas* $atas*amb ambans ansaa $lg! $lg! 55! Thus, Thus, STMC STMC /as prompted to file a Motion, praying to dismiss the ciil Complaint before the RTC, to cite cite STMCs STMCs la/y la/yer er for for cont contem empt pt for for forum forum shop shoppi ping ng,, and and to discharge the the /rit of preliminary preliminary attachment issued by the trial court! "fter LSMI LSMI filed filed its Commen Comment67 t67ppo pposit sition ion to the motion motion of STMC, STMC, the the RTC RTC resoled the said motion by denying it for lac% of merit! ISS89: 0hether or not the ;onorable Court of "ppeals erred in affirming the conclusion of the public respondent #udge 1emetria /hen it issued the /rit of preliminary attachment in faor of the priate respondent! R8LI4<: S9CT S9CTI7 I74 4 &! Gro Grounds unds upon upon whic hich atta attacchmen hmentt may issu ssue ! "t the commencement of the action or at any time before entry of =udgment, a plaintiff or any proper party may hae the property of the aderse party
attached as security for the satisfaction of any =udgment that may be recoered in the follo/ing cases: (a) In an action for the recoery of a specified amount of money or damages, other than moral and eemplary, on a cause of action arising from la/, contract, >uasi?contract, delict or >uasi?delict against a party /ho is about to depart from the *hilippines /ith intent to defraud his creditors! S9C! 5! Issuance and contents of order ! "n order of attachment may be issued either ex parte or upon motion /ith notice and hearing by the court in /hich the action is pending, or by the Court of "ppeals or the Supreme Court, and must re>uire the sheriff of the court to attach so much of the property in the *hilippines of the party against /hom it is issued, not eempt from eecution, as may be sufficient to satisfy the applicants demand, unless such party ma%es deposit or gies a bond as hereinafter proided in an amount e>ual to that fied in the order, /hich may be the amount sufficient to satisfy the applicants demand or the alue of the property to be attached as stated by the applicant, eclusie of costs! Seeral /rits may be issued at the same time to the sheriffs of the courts of different =udicial regions! S9C! @! Affidavit and bond required. "n order of attachment shall be granted only /hen it appears by the affidait of the applicant, or of some other person /ho personally %no/s the facts, that a sufficient cause of action eists, that the case is one of those mentioned in Section & hereof, 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 alue of the property the possession of /hich he is entitled to recoer, is as much as the sum for /hich the order is granted aboe all legal counterclaims!The affidait, and the bond re>uired by the net succeeding section, must be duly filed /ith the court before the order issues!
"ttachment is an ancillary remedy! It is not sought for its o/n sa%e but rather to enable the attaching party to realize upon relief sought and epected to be granted in the main or principal action! $eing an ancillary or auiliary remedy, it is aailable during the pendency of the action /hich may be resorted to by a litigant to presere and protect certain rights and interests therein pending rendition, and for purposes of the ultimate effects, of a final =udgment in the case! They are proisional because they constitute temporary measures aailed of during the pendency of the action and they are ancillary because they are mere incidents in and are dependent upon the result of the main action!
" /rit of preliminary attachment is a species of provisional remedy! "s such, it is a collateral proceeding, permitted only in connection /ith a
regular action, and as one of its incidents3 one of /hich is proided for present need, or for the occasion3 that is, one adapted to meet a particular eigency! 7n the basis of the preceding discussion and the fact that /e find the dismissal of Ciil Case 4o! ?-5 to be in order, the /rit of preliminary attachment issued by the trial court in the said case must perforce be lifted!
