2011 Remedial Law Reviewer (Rule 39 To

Provisional Remedies)
Execution, Satisfaction and Effect of Judgments (Rule 39)
When execution shall issue; Execution as a matter of right (Sec. 1)
1. Execution is a matter of right upon the expiration of the period to appeal and no appeal
was perfected from a judgment or order that disposes of the action or proceeding (Sec.
1, Rule 39). Once a judgment becomes final and executory, the prevailing party can
have it executed as a matter of right, and the issuance of a writ of execution becomes
the ministerial duty of the court. Once a decision becomes final and executory, it is the
ministerial duty of the presiding judge to issue a writ of execution except in certain
cases, as when subsequent events would render execution of judgment
unjust (Mangahas vs. Paredes, GR 157866, Feb. 14, 2007).
2. The above principles have been consistently applied. Thus, in a subsequent ruling the
Court declared: Once a judgment becomes final, it is basic that the prevailing party is
entitled as a matter of right to a writ of execution the issuance of which is the trial
courts ministerial duty, compellable by mandamus (Greater Metropolitan Manila Solid
Waste Management Committee vs. Jancom Environmental Corp., GR 2163663, Jan. 30,
2006).
3. Judgments and orders become final and executor by operation of law and not by judicial
declaration. The trial court need not even pronounce the finality of the order as the
same becomes final by operation of law. Its finality becomes a fact when the
reglementary period for appeal lapses, and no appeal is perfected within such
period (Testate of Maria Manuel Vda. De Biascan, 374 SCRA 621; Vlason Enterprises vs.
CA, 310 SCRA 26).
Discretionary execution (Sec. 2)
1. The concept of discretionary execution constitutes an exception to the general rule that
a judgment cannot be executed before the lapse of the period for appeal or during the
pendency of an appeal. Under Sec. 1, Rule 39, execution shall issue only as a matter of
right upon a judgment or final order that finally disposes of the action or proceeding
upon the execution of the period to appeal therefrom if no appeal has been duly
perfected.
2. A discretionary execution is called discretionary precisely because it is not a matter of
right. The execution of a judgment under this concept is addressed to the discretionary
power of the court (Bangkok Bank Public Company Ltd. vs. Lee, GR 159806, Jan. 29,
2006). Unlike judgments that are final and executor, a judgment subject to discretionary
execution cannot be insisted upon but simply prayed and hoped for because a
discretionary execution is not a matter of right.
3. A discretionary execution like an execution pending appeal must be strictly construed
because it is an exception to the general rule. It is not meant to be availed of routinely
because it applies only in extraordinary circumstances. It should be interpreted only
insofar as the language thereof fairly warrants, and all doubts should be resolved in
favor of the general rule(Planters Products, Inc. vs. CA, GR 106052, Oct. 22, 1999).
Where the execution is not in conformity with the rules, the execution is null and
void (Bangkok Bank vs. Lee, supra.).
4. Requisites for discretionary execution:
a. There must be a motion filed by the prevailing party with notice to the adverse party;
b. There must be a hearing of the motion for discretionary execution;
c. There must be good reasons to justify the discretionary execution; and
d. The good reasons must be stated in a special order (Sec. 2, Rule 39).
How a judgment is executed (Sec. 4)
1. Judgments in actions for injunction, receivership, accounting and support, and such
other judgments as are now or may hereafter be declared to be immediately executory,
shall be enforceable after their rendition and shall not be stayed by an appeal taken
therefrom, unless otherwise ordered by the trial court. on appeal therefrom, the
appellate court in its discretion may make an order suspending, modifying, restoring or
granting the injunction, receivership, accounting, or award of support. The stay of
execution shall be upon such terms as to bond or otherwise as may be considered
proper for the security or protection of the rights of the adverse party.
2. Judgments that may be altered or modified after becoming final and executory:
a. Facts and circumstances transpire which render its execution impossible or unjust;
b. Support;
c. Interlocutory judgment.
Execution by motion or by independent action (Sec. 6)
1. A final and executor judgment or order may be executed on motion within 5 years from
the date of its entry. After the lapse of such time, and before it is barred by the statute
of limitations, a judgment may be enforced by action. The revived judgment may also
be enforced by motion within 5 years from the date of its entry and thereafter by action
before it is barred by the statute of limitations.
Issuance and contents of a writ of execution (Sec. 8)
1. The writ of execution shall: (i) issue in the name of the Republic of the Philippines from
the court which granted the motion; (ii) state the name of the court, the case number
and title, the dispositive part of the subject judgment or order; and (iii) require the
sheriff or other proper officer to whom it is directed to enforce the writ according to its
term, in the manner hereinafter provided:
a. If the execution be against the property of the judgment obligor, to satisfy the
judgment, with interest, out of the real or personal property of such judgment obligor;
b. If it be against real or personal property in the hands of personal representatives, heirs,
devisees, legatees, tenants, or trustees of the judgment obligor, to satisfy the
judgment, with interest, out of such property;
c. If it be for the sale of real or personal property, to sell such property, describing it, and
apply the proceeds in conformity with the judgment, the material parts of which shall be
recited in the writ of execution;
d. If it be for the delivery of the possession of real or personal property, to deliver the
possession of the same, describing it, to the party entitled thereto, and to satisfy any
costs, damages, rents, or profits covered by the judgment out of the personal property
of the person against whom it was rendered, and if sufficient personal property cannot
be found, then out of the real property; and
e. In all cases, the writ of execution shall specifically state the amount of the interest,
costs, damages, rents, or profits due as of the date of the issuance of the writ, aside
from the principal obligation under the judgment. For this purpose, the motion for
execution shall specify the amounts of the foregoing reliefs sought by the movants.
Execution of judgment for money (Sec. 9)
1. In executing a judgment for money, the sheriff shall follow the following steps:
a. Demand from the judgment obligor the immediate payment of the full amount stated in
the judgment including the lawful fees in cash, certified check payable to the judgment
oblige or any other form of payment acceptable to him (Sec. 9). In emphasizing this
rule, the SC held that in the execution of a money judgment, the sheriff is required to
first make a demand on the obligor for the immediate payment of the full amount stated
in the writ of execution (Sibulo vs. San Jose, 474 SCRA 464).
b. If the judgment obligor cannot pay all or part of the obligation in cash, certified check or
other mode of payment, the officer shall levy upon the properties of the judgment
obligor. The judgment obligor shall have the option to choose which property or part
thereof may be levied upon. If the judgment obligor does not exercise the option, the
officer shall first levy on the personal properties, if any, and then on the real properties
if the personal properties are insufficient to answer for the personal judgment but the
sheriff shall sell only so much of the property that is sufficient to satisfy the judgment
and lawful fees (Sec. 9[b]).
Execution of judgment for specific acts (Sec. 10)
1. If the judgment requires a person to perform a specific act, said act must be performed
but if the party fails to comply within the specified time, the court may direct the act to
be done by someone at the cost of the disobedient party and the act when so done shall
have the effect as if done by the party (Sec 10[a]). If the judgment directs a
conveyance of real or personal property, and said property is in the Philippines, the
court in lieu of directing the conveyance thereof, may by an order divest the title of any
party and vest it in others, which shall have the force and effect of a conveyance
executed in due form of law (Sec. 10[a], Rule 39).
Execution of special judgments (Sec. 11)
1. When a judgment requires the performance of any act other than those mentioned in
the two preceding sections, a certified copy of the judgment shall be attached to the writ
of execution and shall be served by the officer upon the party against whom the same is
rendered, or upon any other person required thereby, or by law, to obey the same, and
such party or person may be punished for contempt if he disobeys such judgment.
Effect of levy on third persons (Sec. 12)
1. The levy on execution shall create a lien in favor of the judgment oblige over the right,
title and interest of the judgment obligor in such property at the time of the levy,
subject to liens and encumbrances then existing.
Properties exempt from execution (Sec. 13)
1. There are certain properties exempt from execution enumerated under Sec. 13, Rule 39:
a. The judgment obligors family home as provided by law, or the homestead in which he
resides, and the land necessarily used in connection therewith;
b. Ordinary tools and implements personally used by him in his trade, employment, or
livelihood;
c. Three horses, or three cows, or three carabaos, or other beasts of burden, such as the
judgment obligor may select necessarily used by him in his ordinary occupation;
d. His necessary clothing and articles for ordinary personal use, excluding jewelry;
e. Household furniture and utensils necessary for housekeeping, and used for that purpose
by the judgment obligor and his family, such as the judgment obligor may select, of a
value not exceeding 100,000 pesos.
f. Provisions for individual or family use sufficient for four months;
g. The professional libraries and equipment of judges, lawyers, physicians, pharmacists,
dentists, engineers, surveyors, clergymen, teachers, and other professionals, not
exceeding 300,000 pesos;
h. One fishing boat and accessories not exceeding the total value of 100,000 pesos owned
by a fisherman and by the lawful use of which he earns his livelihood;
i. So much of the salaries, wages, or earnings of the judgment obligor for his personal
services with 4 months preceding the levy as are necessary for the support of his family;
j. Lettered gravestones;
k. Monies, benefits, privileges, or annuities accruing or in any manner growing out of any
life insurance;
l. The right to receive legal support, or money or property obtained as such support, or
any pension or gratuity from the government; and
m. Properties specially exempted by law (Sec. 13, Rule 39).
Proceedings where property is claimed by third persons (Sec. 16)
1. If the property levied on is claimed by any person other than the judgment obligor or his
agent, and such person makes an affidavit of his title thereto or right to the possession
thereof, stating the grounds of such right or title, and serves the same upon the officer
making the levy and a copy thereof upon the judgment obligee, the officer shall not be
bound to keep the property, unless such judgment obligee, on demand of the officer,
files a bond approved by the court to indemnify the third-party claimant in a sum not
less than the value of the property levied on. In case of disagreement as to such value,
the same shall be determined by the court issuing the writ of execution. No claim for
damages for the taking or keeping of the property may be enforced against the bond
unless the action therefor is filed within one hundred twenty (120) days from the date of
the filing of the bond.
The officer shall not be liable for damages for the taking or keeping of the property, to any
third-party claimant if such bond is filed. Nothing herein contained shall prevent such
claimant or any third person from vindicating his claim to the property in a separate action,
or prevent the judgment obligee from claiming damages in the same or a separate action
against a third-party claimant who filed a frivolous or plainly spurious claim.
When the writ of execution is issued in favor of the Republic of the Philippines, or any officer
duly representing it, the filing of such bond shall not be required, and in case the sheriff or
levying officer is sued for damages as a result of the levy, he shall be represented by the
Solicitor General and if held liable therefor, the actual damages adjudged by the court shall
be paid by the National Treasurer out of such funds as may be appropriated for the purpose.
2. Requisites for a claim by a third person:
a. The property is levied;
b. The claimant is a person other than the judgment obligor or his agent;
c. Makes an affidavit of his title thereto or right to the possession thereof stating the
grounds of such right or title; and
d. Serves the same upon the officer making the levy and the judgment obligee.
Examination of judgments obligor when judgment is unsatisfied (Sec. 36)
1. When the return of a writ of execution issued against property of a judgment obligor, or
any one of several obligors in the same judgment, shows that the judgment remains
unsatisfied, in whole or in part, the judgment obligee, at any time after such return is
made, shall be entitled to an order from the court which rendered the said judgment,
requiring such judgment obligor to appear and be examined concerning his property and
income before such court or before a commissioner appointed by it, at a specified time
and place; and proceedings may thereupon be had for the application of the property
and income of the judgment obligor towards the satisfaction of the judgment. But no
judgment obligor shall be so required to appear before a court or commissioner outside
the province or city in which such obligor resides or is found.
Examination of obligor of judgment obligor (Sec. 37)
1. When the return of a writ of execution against the property of a judgment obligor shows
that the judgment remains unsatisfied, in whole or in part, and upon proof to the
satisfaction of the court which issued the writ, that person, corporation, or other juridical
entity has property of such judgment obligor or is indebted to him, the court may, by an
order, require such person, corporation, or other juridical entity, or any officer or
member thereof, to appear before the court or a commissioner appointed by it, at a time
and place within the province or city where such debtor resides or is found, and be
examined concerning the same. The service of the order shall bind all credits due the
judgment obligor and all money and property of the judgment obligor in the possession
or in control of such person, corporation, or juridical entity from the time of service; and
the court may also require notice of such proceedings to be given to any party to the
action in such manner as it may deem proper.
Effect of judgment or final orders (Sec. 47)
1. In case of a judgment or final order against a specific thing, or in respect to the probate
of a will, or the administration of the estate of a deceased person, or in respect to the
personal, political, or legal condition or status of a particular person or his relationship to
another, the judgment or final order is conclusive upon the title to the thing, the will or
administration, or the condition, status or relationship of the person; however, the
probate of a will or granting of letters of administration shall only be prima facie
evidence of the truth of the testator or intestate;
2. In other cases, the judgment or final order is, with respect to the matter directly
adjudged or as to any other matter that could have been raised in relation thereto,
conclusive between the parties and their successors in interest by title subsequent to the
commencement of the action or special proceeding, litigating for the same thing and
under the same title and in the same capacity; and
3. In any other litigation between the same parties or their successors in interest, that only
is deemed to have been adjudged in a former judgment or final order which appears
upon its face to have been so adjudged, or which was actually and necessarily included
therein or necessary thereto.
Enforcement and effect of foreign judgments or final orders (Sec. 48)
1. In case of a judgment or final order upon a specific thing, the judgment or final order is
conclusive upon the title to the thing; and
2. In case of a judgment or final order against a person, the judgment or final order is
presumptive evidence of a right as between the parties and their successors in interest
by a subsequent title. In either case, the judgment or final order may be repelled by
evidence of a want of jurisdiction, want of notice to the party, collusion, fraud, or clear
mistake of law or fact.
Provisional Remedies (Rules 57-61)
Nature of provisional remedies
1. Provisional remedies are temporary, auxiliary, and ancillary remedies available to a
litigant for the protection and preservation of his rights while the main action is pending.
They are writs and processes which are not main actions and they presuppose the
existence of a principal action.
2. Provisional remedies are resorted to by litigants for any of the following reasons:
a. To preserve or protect their rights or interests while the main action is pending;
b. To secure the judgment;
c. To preserve the status quo; or
d. To preserve the subject matter of the action.
3. Provisional remedies specified under the rules are:
a. Preliminary attachment (Rule 57);
b. Preliminary injunction (Rule 58);
c. Receivership (Rule 59);
d. Replevin (Rule 60); and
e. Support pendent lite (Rule 61).
Jurisdiction over provisional remedies
1. The courts which grants or issues a provisional remedy is the court which has
jurisdiction over the main action. Even an inferior court may grant a provisional remedy
in an action pending with it and within its jurisdiction.
Preliminary Attachment (Rule 57)
1. Preliminary attachment is a provisional remedy issued upon order of the court where an
action is pending to be levied upon the property of the defendant so the property may
be held by the sheriff as security for the satisfaction of whatever judgment may be
rendered in the case(Davao Light and Power, Inc. vs. CA, 204 SCRA 343).
2. When availed of and is granted in an action purely in personam, it converts the action to
one that is quasi in rem. In an action in rem or quasi in rem, jurisdiction over the res is
sufficient. Jurisdiction over the person of the defendant is not required (Villareal vs. CA,
295 SCRA 511).
3. Preliminary attachment is designed to:
a. Seize the property of the debtor before final judgment and put the same in custodial
egis even while the action is pending for the satisfaction of a later judgment (Insular
Bank of Asia and America vs. CA, 190 SCRA 629);
b. To enable the court to acquire jurisdiction over the res or the property subject of the
action in cases where service in person or any other service to acquire jurisdiction over
the defendant cannot be affected.
4. Preliminary attachment has three types:
a. Preliminary attachment one issued at the commencement of the action or at any time
before entry of judgment as security for the satisfaction of any judgment that may be
recovered. Here the court takes custody of the property of the party against whom
attachment is directed.
b. Garnishment plaintiff seeks to subject either the property of defendant in the hands of
a third person (garnishee) to his claim or the money which said third person owes the
defendant. Garnishment does not involve actual seizure of property which remains in the
hands of the garnishee. It simply impounds the property in the garnishees possession
and maintains thestatus quo until the main action is finally decided. Garnishment
proceedings are usually directed against personal property, tangible or intangible and
whether capable of manual delivery or not.
c. Levy on execution writ issued by the court after judgment by which the property of
the judgment obligor is taken into custody of the court before the sale of the property
on execution for the satisfaction of a final judgment. It is the preliminary step to the
sale on execution of the property of the judgment debtor.
5. The grant of the remedy is addressed to the discretion of the court whether or not the
application shall be given full credit is discretionary upon the court. in determining the
propriety of the grant, the court also considers the principal case upon which the
provisional remedy depends.
Grounds for issuance of writ of attachment
1. At the commencement of the action or at any time before entry of judgment, a plaintiff
or any proper party may have the property of the adverse party attached as security for
the satisfaction of any judgment that may be recovered in the following cases:
a. In an action for the recovery of a specified amount of money or damages, other than
moral and exemplary, on a cause of action arising from law, contract, quasi-contract,
delict or quasi-delict against a party who is about to depart from the Philippines with
intent to defraud his creditors;
b. In an action for money or property embezzled or fraudulently misapplied or converted to
his own use by a public officer, or an officer of a corporation, or an attorney, factor,
broker, agent or clerk, in the course of his employment as such, or by any other person
in a fiduciary capacity, or for a willful violation of duty;
c. In an action to recover the possession of property unjustly or fraudulently taken,
detained or converted, when the property, or any party thereof, has been concealed,
removed, or disposed of to prevent its being found or taken by the applicant or an
authorized person;
d. In an action against a party who has been guilty of a fraud in contracting the debt or
incurring the obligation upon which the action the action is brought, or in the
performance thereof;
e. In an action against a party who has removed or disposed of his property, or is about to
do so, with intent to defraud his creditors; or
f. In an action against a party who does not reside and is not found in the Philippines, or
on whom summons may be served by publication (Sec. 1).
Requisites
1. The issuance of an order/writ of execution requires the following:
a. The case must be any of those where preliminary attachment is proper;
b. The applicant must file a motion (ex parte or with notice and hearing);
c. The applicant must show by affidavit (under oath) that there is no sufficient security for
the claim sought to be enforced; that the amount claimed in the action is as much as
the sum of which the order is granted above all counterclaims; and
d. The applicant must post a bond executed to the adverse party. This is called an
attachment bond, which answers for all damages incurred by the party against whom
the attachment was issued and sustained by him by reason of the attachment (Carlos
vs. Sandoval, 471 SCRA 266).
Issuance and contents of order of attachment; affidavit and bond
1. An order of attachment may be issued either ex parte or upon motion with notice and
hearing by the court in which the action is pending, or by the CA or the SC, and must
require the sheriff of the court to attach so much of the property in the Philippines of the
party against whom it is issued, not exempt from execution, as may be sufficient to
satisfy the applicants demand, unless such party makes deposit or gives a bond in an
amount equal to that fixed in the order, which may be the amount sufficient to satisfy
the applicants demand or the value of the property to be attached as stated by the
applicant, exclusive of costs. Several writs may be issued at the same time to the
sheriffs of the courts of different judicial regions (Sec. 2).
2. An order of attachment shall be granted only when it appears by the affidavit of the
applicant, or of some other person who personally knows the facts, that a sufficient
cause of action exists, that the case is one of those mentioned in Section1, 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 is granted above all
legal counterclaims. The affidavit, and the bond must be filed with the court before the
order issues (Sec. 3).
Rule on prior or contemporaneous service of summons
1. No levy on attachment pursuant to the writ of preliminary attachment shall be enforced
unless it is preceded, or contemporaneously accompanied, by the service of summons,
together with a copy of the complaint, the application for attachment, the applicants
affidavit and bond, and the order and writ of attachment, on the defendant within the
Philippines.
2. The requirement of prior or contemporaneous service of summons shall not apply in the
following instances:
a. Where the summons could not be served personally or by substituted service despite
diligent efforts;
b. The defendant is a resident of the Philippines who is temporarily out of the country;
c. The defendant is a non-resident; or
d. The action is one in rem or quasi in rem(Sec. 5).
Manner of attaching real and personal property; when property attached is
claimed by third
person
Sec. 7. Attachment of real and personal property; recording thereof. Real and personal
property shall be attached by the sheriff executing the writ in the following manner:
(a) Real property, or growing crops thereon, or any interest therein, standing upon the
record of the registry of deeds of the province in the name of the party against whom
attachment is issued, or not appearing at all upon such records, or belonging to the party
against whom attachment is issued and held by any other person, or standing on the
records of the registry of deeds in the name of any other person, by filing with the registry
of deeds a copy of the order, together with a description of the property attached, and a
notice that it is attached, or that such real property and any interest therein held by or
standing in the name of such other person are attached, and by leaving a copy of such
order, description, and notice with the occupant of the property, if any, or with such other
person or his agent if found within the province. Where the property has been brought
under the operation of either the Land Registration Act or the Property Registration Decree,
the notice shall contain a reference to the number of the certificate of title, the volume and
page in the registration book where the certificate is registered, and the registered owner or
owners thereof.
The registrar of deeds must index attachments filed under this section in the names of the
applicant, the adverse party, or the person by whom the property is held or in whose name
it stands in the records. If the attachment is not claimed on the entire area of the land
covered by the certificate of title, a description sufficiently accurate for the identification of
the land or interest to be affected shall be included in the registration of such attachment;
(b) Personal property capable of manual delivery, by taking and safely keeping it in his
custody, after issuing the corresponding receipt therefor;
(c) Stocks or shares, or an interest in stocks or shares, of any corporation or company, by
leaving with the president or managing agent thereof, a copy of the writ, and a notice
stating that the stock or interest of the party against whom the attachment is issued is
attached in pursuance of such writ;
(d) Debts and credits, including bank deposits, financial interest, royalties, commissions and
other personal property not capable of manual delivery, by leaving with the person owing
such debts, or having in his possession or under his control, such credits or other personal
property, or with his agent, a copy of the writ, and notice that the debts owing by him to
the party against whom attachment is issued, and the credits and other personal property in
his possession, or under his control, belonging to said party, are attached in pursuance of
such writ;
(e) The interest of the party against whom attachment is issued in property belonging to the
estate of the decedent, whether as heir, legatee, or devisee, by serving the executor or
administrator or other personal representative of the decedent with a copy of the writ and
notice that said interest is attached. A copy of said writ of attachment and of said notice
shall also be filed in the office of the clerk of the court in which said estate is being settled
and served upon the heir, legatee or devisee concerned.
If the property sought to be attached is in custodia legis, a copy of the writ of attachment
shall be filed with the proper court or quasi-judicial agency, and notice of the attachment
served upon the custodian of such property.
1. Certain remedies available to a third person not party to the action but whose property
is the subject of execution:
a. Terceria by making an affidavit of his title thereto or his right to possession thereof,
stating the grounds of such right or title. The affidavit must be served upon the sheriff
and the attaching party (Sec. 14). Upon service of the affidavit upon him, the sheriff
shall not be bound to keep the property under attachment except if the attaching party
files a bond approved by the court. the sheriff shall not be liable for damages for the
taking or keeping of the property, if such bond shall be filed.
b. Exclusion or release of property Upon application of the third person through a motion
to set aside the levy on attachment, the court shall order a summary hearing for the
purpose of determining whether the sheriff has acted rightly or wrongly in the
performance of his duties in the execution of the writ of attachment. The court may
order the sheriff to release the property from the erroneous levy and to return the same
to the third person. In resolving the application, the court cannot pass upon the
question of title to the property with any character of finality but only insofar as may be
necessary to decide if the sheriff has acted correctly or not(Ching vs. CA, 423 SCRA
356).
c. Intervention this is possible because no judgment has yet been rendered and under
the rules, a motion for intervention may be filed any time before the rendition of the
judgment by the trial court (Sec. 2, Rule 19).
d. Accion Reivindicatoria The third party claimant is not precluded by Sec. 14, Rule 57
from vindicating his claim to the property in the same or in a separate action. He may
file a separate action to nullify the levy with damages resulting from the unlawful levy
and seizure. This action may be a totally distinct action from the former case.
Discharge of attachment and the counter-bond
1. If the attachment has already been enforced, the party whose property has been
attached may file a motion to discharge the attachment. This motion shall be with notice
and hearing. After due notice and hearing, the court shall discharge the attachment if
the movants makes a cash deposit or files a counter-bond executed to the attaching
party with the clerk of court where the application is made in an amount equal to that
fixed by the court in the order of attachment, exclusive of costs. Counter-bonds are
replacements of the property formerly attached, and just as the latter, may be levied
upon after final judgment. Note that the mere posting of counterbond does not
automatically discharge the writ of attachment. It is only after the hearing and after the
judge has ordered the discharge of attachment that the same is properly
discharged (Sec. 12).
2. Attachment may likewise be discharged without the need for filing of a counter-bond.
This is possible when the party whose property has been attached files a motion to set
aside or discharge the attachment and during the hearing of the motion, he proves that:
a. The attachment was improperly or irregularly issued or enforced; or
b. The bond of the attaching creditor is insufficient; or
c. The attachment is excessive and must be discharged as to the excess (Sec. 13); or
d. The property is exempt from execution, and as such is also exempt from preliminary
attachment(Sec. 2).