ALFREDO C. LIM, JR. v. v. SPOUSES TITO S. LAZARO AND CARMEN T. T. LAZARO G.R. No. 185734, 03 Ju! "013
the corresponding writ" +hree (4) parcels of land situated in Bulacan, co$ered by +ransfer Certi%icates of +itle (+C+s) registered in the names of -ps" azaro, were le$ied upon"
To#
%$'n their #nswer with Counterclaim, -ps" azaro a$erred, among others, that im, *r" had no cause of action against them since (a) Colim 6erchandise (Colim), and not im, *r", *r", was the payee of the %ifteen (05) 6etrobank checks! and (b) the 8B and Real Bank checks were not drawn by them, but by 9irgilio #rcinas and :lizabeth Ramos, respecti$ely" ;hile they admit their indebtedness to Colim, -ps" azaro alleged that the same had already been substantially reduced on account of pre$ious payments which were apparently misapplied" 'n this regard, they sought for an accounting accounting and reconciliatio reconciliation n of records records to determine determine the actual actual amount amount due" +hey likewise argued argued that no fraud fraud should should be imputed against them as the aforesaid checks issued to Colim were merely intended as a form of collateral"
Ru& 57 ' P(&$)$*+(! A+%-)&*
Do%($*& By its nature, preliminary attachment, under Rule 57 of the Rules of Court (Rule 57), is an ancillary remedy applied for not for its own sake but to enable the attaching party to realize upon the relief sought and epected to be granted in the main or principal action! it is a measure auiliary or incidental to the main action" #s such, it is a$ailable during its pendency which may be resorted to by a litigant to preser$e and protect certain rights and interests during the interim, awaiting awaiting the ultimate effects effects of a %inal &udgment in the case" 'n addition, attachment is also a$ailed of in order to acuire &urisdiction o$er the action by actual or constructi$e seizure of the property in those instances where personal or substituted ser$ice of summons on the defendant cannot be effected" 'n this relation, while the pro$isions of Rule 57 are silent on the length of time within which an attachment lien shall continue to subsist after the rendition of a %inal &udgment, &urisprudence dictates that the said lien %o*$*u& %o*$*u& u*$ -& /& $ #+$/, o( -& +& $ -+/ u*/&( &&%u$o* $u&/ o* -& 2u/)&* o( u*$ -& 2u/)&* $ +$$&/, o( -& ++%-)&* /$%-+(&/ o( v+%+&/ $* -& +)& )+**&( #(ov$/&/ ! +.
F+% im, *r" %iled a complaint for sum of money with prayer for the issuance of a writ of preliminary attachment before the Regional +rial Court (R+C), seeking to reco$er from respondentsspouses +ito -" azaro and Carmen +" azaro (-ps" azaro) the sum of ./,012,222"22, which represented the amounts stated in se$eral dishonored checks issued by the latter to the former, as well as interests, attorney3s fees, and costs" +he R+C granted the writ of preliminary attachment applicatio application n and upon the posting posting of the reuired reuired ./,012,222"22 ./,012,222"22 bond, issued issued
8onetheless, the parties entered into a Compromise #greement whereby -ps" azaro azaro agreed to pay im, *r" *r" the amount of ./,450,21=" ./,450,21=">2 >2 on an installmen installment t basis, following a schedule of payments, under the following terms, among others others (a) that should should the %inancial condition condition of -ps" azaro impro$e, impro$e, the monthly installments shall be increased in order to hasten the full payment of the entire obligation! and (b) that -ps" azaro3s failure to pay any installment due or the dishonor of any of the postdated checks deli$ered in payment thereof shall make the whole obligation immediately d ue and demandable" +he aforesaid compromise agreement was appro$ed by the R+C in its ?ctober 40, /221 @ecision and *anuary 5, /227 #mended @ecision" -ubseuently, -ps" azaro %iled an ?mnibus 6otion, seeking to lift the writ of prelim prelimina inary ry attach attachmen mentt annota annotated ted on the sub&ec sub&ectt +C+s, +C+s, which which the R+C R+C granted" 't ruled that a writ of preliminary attachment is a mere pro$isional or ancillary remedy, resorted to by a litigant to protect and preser$e certain rights and interests pending %inal &udgment" Considering that the case had already been considered closed and terminated by the rendition of the *anuary 5, /227 #mended #mended @ecision @ecision on the basis of the compromise compromise agreement, agreement, the writ of preliminary attachment should be lifted and uashed" Conseuently, it ordered the Registry of @eeds of Bulacan to cancel the writ3s annotation on the sub&ect +C+s"
im, *r" %iled a motion for reconsideration which was denied by the R+C"
the writ of preliminary attachment against the properties of -ps" azaro was improper"
+he Court of #ppeals (C#) found no gra$e abuse of discretion on the R+C3s part" 't obser$ed that a writ of preliminary attachment may only be issued at the commencement of the action or at any time before entry of &udgment" +hus, since the principal cause of action had already been declared closed and terminated by the R+C, the pro$isional or ancillary remedy of preliminary attachment would ha$e no leg to stand on, necessitating its discharge"
Records indicate that while the parties ha$e entered into a compromise agreement which had already been appro$ed by the R+C, the obligations thereunder ha$e yet to be fully complied with A particularly, the payment of the total compromise amount of ./,450,21=">2"
im, *r" mo$ed for reconsideration which was denied by the C#"
'n Chemphil Export & Import Corporation v. CA, the Court pronounced that a writ of attachment is not etinguished by the eecution of a compromise agreement between the parties"
Iu& ;hether the writ of preliminary attachment was properly lifted" No6
Su#(&)& Cou( Ru$* 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 epected to be granted in the main or principal action! it is a measure auiliary or incidental to the main action" #s such, it is a$ailable during its pendency which may be resorted to by a litigant to preser$e and protect certain rights and interests during the interim, awaiting the ultimate effects of a %inal &udgment in the case" 'n addition, attachment is also a$ailed of in order to acuire &urisdiction o$er the action by actual or constructi$e seizure of the property in those instances where personal or substituted ser$ice of summons on the defendant cannot be effected" 'n this relation, while the pro$isions of Rule 57 are silent on the length of time within which an attachment lien shall continue to subsist after the rendition of a %inal &udgment, &urisprudence dictates that the said lien %o*$*u& u*$ -& /& $ #+$/, o( -& +& $ -+/ u*/&( &&%u$o* $u&/ o* -& 2u/)&* o( u*$ -& 2u/)&* $ +$$&/, o( -& ++%-)&* /$%-+(&/ o( v+%+&/ $* -& +)& )+**&( #(ov$/&/ ! +. #pplying these principles, the -upreme Court (-C) found that the discharge of
T-& #+($& o -& %o)#(o)$& +(&&)&* -ou/ *o & /&#($v&/ o -& #(o&%$o* #(ov$/&/ ! +* ++%-)&* $&* &#&%$+! $* +* $*+*%& -&(& o*& (&*&& o* -$ o$+$o* u*/&( -& +(&&)&* " 'n %ine, the Court held that the writ of preliminary attachment sub&ect of this case should be restored and its annotation re$i$ed in the sub&ect +C+s, re $esting unto im, *r" his preferential lien o$er the properties co$ered by the same as it were before the cancellation of the said writ"
