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1 CASE TITLE: Lim v Lazaro

Doctrine:
Writ of preliminary attachment subsists until judgment is satisfied. It is an
ancillary remedy applied not for its own sake but to enable the attaching
party to realize upon the relief sought and expected to be granted in the
main or principal action; it is a measure auxiliary or incidental to the main
action.
2 CASE TITLE: Ligon v RTC of Makati
Doctrine:
Attachment is a proceeding in rem, and, hence, is against the particular
property, enforceable against the whole world. The attaching creditor
acquires a specific lien on the attached property which nothing can
subsequently destroy except the very dissolution of the attachment or levy
itself. The lien continues until the debt is paid, or sale is had under execution
issued on the judgment, or until the judgment is satisfied, or the attachment
discharged or vacated in some manner provided by law.
3 CASE TITLE: Torres v Satsatin
Doctrine:
The grant of the provisional remedy of attachment involves three stages:
first, the court issues the order granting the application; second, the writ of
attachment issues pursuant to the order granting the writ; and third, the writ
is implemented.
For the initial two stages, it is not necessary that jurisdiction over the person
of the defendant be first obtained. However, once the implementation of the
writ commences, the court must have acquired jurisdiction over the
defendant, for without such jurisdiction, the court has no power and
authority to act in any manner against the defendant.
4 CASE TITLE: Manguila vs Court of Appeals
Doctrine and Rationale:
For implementation for the writ of attachment to commence, the court must
have acquired jurisdiction over the defendant for without such jurisdiction,
the court has no power to act in any authority against the defendant.
The court may acquire jurisdiction over the person through proper and valid
service of summons or other coercive process or his voluntary submission to
courts authority. Section 14 of the RC provides that whereabouts of
unknown and cannot be ascertained by diligent inquiry, service may, by
leave of court, be effected upon him by publication in a newspaper of
general circulation.

Lastly, parties may agree in writing on the venue on which an action should
be brought. However, mere stipulation, unless exclusive, does not preclude
parties from bringing case in other venues. As a general rule, venue for
personal actions is where the defendant resides or may be found, or where
plaintiff resides, at the election of the plaintiff.
5 CASE TITLE : Vicente Chuidan vs Sandiganbayan GR No. 139941 dated
January 19, 2011
Doctrine and Rationale:
Remedies of the defendant whose property or assets has been attached
under the RC are: 1) Rule 57 Section 12 file a counter bond; 2) Rule 57
Section 13 which is to quash the attachment on the ground that it was
irregularly or improvidently issued. The ground must be in relation to
issuance of the writ of attachments.
The defendant is not allowed to file a motion to dissolve the writ on
preliminary attachment which would result to trial on merits of action.

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