The Davao Light and Power Co., Inc. ("Davao Light") filed a collection suit against Queensland Hotel ("Queensland") and Teodorico Adarna ("Adarna") with an ex parte application for a writ of preliminary attachment. On 3 May 1989, the trial court issued an Order of Attachment, and the corresponding Writ of Attachment on 11 May 1989. On 12 May 1989, the summons, a copy of the complaint, and the writ of attachment was served upon Queensland and Adarna. Queensland and Adarna filed a motion to discharge the attachment on the ground that at the time the Order of Attachment and Writ of Attachment were issued, the trial court has yet to acquire jurisdiction over the cause of action and over the persons of the defendants.
Issue
Whether or not the writ of preliminary attachment was validly issued.
Held
Yes. A writ of preliminary attachment may be issued before the court acquires jurisdiction over the person of the defendant.
Ratio Decidendi
The court may validly issue a writ of preliminary injunction prior to the acquisition of jurisdiction over the person of the defendant. There is an appreciable period of time between the commencement of the action (takes place upon the filing of an initiatory pleading) and the service of summons to the defendant. In the meanwhile, there are a number of actions which the plaintiff or the court may validly take, including the application for and grant of the provisional remedy of preliminary attachment. There is nothing in the law which prohibits the court from granting the remedy prior to the acquisition of jurisdiction over the person of the defendant. In fact, Rule 57 of the Rules of Court allows the granting of a writ of preliminary injunction at the commencement of the suit. In the cases of Toledo v. Burgos and Filinvest Credit Corporation v. Relova, it was held that notice and hearing are not prerequisites to the issuance of a writ of preliminary attachment. Further, in the case of Mindanao Savings & Loan Association, Inc. v. Court of Appeals, it was ruled that giving notice to the defendant would defeat the purpose of the remedy by affording him or her the opportunity to dispose of his properties before the writ can be issued.
A preliminary attachment may be discharged with the same ease as obtaining it. In any case, the ease of availing the provisional remedy of preliminary attachment is matched by the ease with which it can be remedied by either the posting of a counterbond, or by a showing of its improper or irregular issuance. The second means of defeating a preliminary attachement, however, may not be availed of if the writ was issued upon a ground which is at the same time the applicant's cause of action.
Preliminary attachment not binding until jurisdiction over the person of the defendant is acquired. The writ of preliminary attachment, however, even though validly issued, is not binding upon the defendant until jurisdiction over his person is first acquired.
The court may validly issue a writ of preliminary injunction prior to the acquisition of jurisdiction over the person of the defendant. There is an appreciable period of time between the commencement of the action (takes place upon the filing of an initiatory pleading) and the service of summons to the defendant. In the meanwhile, there are a number of actions which the plaintiff or the court may validly take, including the application for and grant of the provisional remedy of preliminary attachment. There is nothing in the law which prohibits the court from granting the remedy prior to the acquisition of jurisdiction over the person of the defendant. In fact, Rule 57 of the Rules of Court allows the granting of a writ of preliminary injunction at the commencement of the suit. In the cases of Toledo v. Burgos and Filinvest Credit Corporation v. Relova, it was held that notice and hearing are not prerequisites to the issuance of a writ of preliminary attachment. Further, in the case of Mindanao Savings & Loan Association, Inc. v. Court of Appeals, it was ruled that giving notice to the defendant would defeat the purpose of the remedy by affording him or her the opportunity to dispose of his properties before the writ can be issued.
A preliminary attachment may be discharged with the same ease as obtaining it. In any case, the ease of availing the provisional remedy of preliminary attachment is matched by the ease with which it can be remedied by either the posting of a counterbond, or by a showing of its improper or irregular issuance. The second means of defeating a preliminary attachement, however, may not be availed of if the writ was issued upon a ground which is at the same time the applicant's cause of action.
Preliminary attachment not binding until jurisdiction over the person of the defendant is acquired. The writ of preliminary attachment, however, even though validly issued, is not binding upon the defendant until jurisdiction over his person is first acquired.
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