SEC 69: ATTACHMENTS

SEC 69: ATTACHMENTS

An attachment, or a copy of any writ, order or process issued

by a court of record, intended to create or preserve any lien,
status, right, or attachment upon registered land, shall be filed
and registered in the Registry of Deeds for the province or city
in which the land lies, and, in addition to the particulars
required in such papers for registration, shall contain a
reference to the number of the certificate of title to be affected
and the registered owner or owners thereof, and also if the
attachment, order, process or lien is not claimed on all the land
in any certificate of title a description sufficiently accurate for
identification of the land or interest intended to be affected. A
restraining order, injunction or mandamus issued by the court
shall be entered and registered on the certificate of title
affected, free of charge.
 WHAT IS AN
ATTACHMENT?

ATTACHMENT is a legal process of seizing

another’s property in accordance with a writ
or judicial order for the purpose of securing
satisfaction of a judgment set to be rendered.
It is used primarily to seize the debtor’s
property in order to secure the debt or claim
of the creditor in the event that a judgment is
rendered.
 “Current doctrine thus seems to be that
entry alone produces the effect of
registration, whether the transaction
entered is a voluntary or involuntary one,
so long as the registrant has complied with
all that is required of him for purposes of
entry and annotation, and nothing more
remains to be done but a duty incumbent
solely on the register of deeds”
JUSTICE NAVASA
DEVELOPMENT BANK OF THE PHILIPPINES v.
ACTING REGISTER OF DEEDS OF NUEVA ECIJA
UDK No. 7671 June 23, 1988
 GROUNDS UPON WHICH
ATTACHMENT MAY ISSUE:

• In an action to recover the possession of property unjustly or

fraudulently taken, detained or converted, when the property or
any part thereof, has been concealed, removed or disposed of, to
prevent its being found or taken by the applicant or an
authorized person
• In an action against a party who has been guilty of fraud in
contracting the debt or incurring an obligation upon which the
action is brought, or in the performance thereof
• 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.
 KNOWLEDGE OF A PRIOR
UNREGISTERED INTEREST IS
EQUIVALENT TO REGISTRATION
“In case of a conflict between a vendee and an attaching creditor, an
attaching creditor who registers the order of attachment and the sale of the
property to him as the highest bidder acquires a valid title to the property, as
against a vendee who had previously bought the same property from the
registered owner of who failed to register his deed of sale. This is because
registration is the operative act that binds or affects the land
insofar as third persons are concerned. But where a party has
knowledge of a prior existing interest which is unregistered at the
time he acquired a right to the same land, his knowledge of that
prior unregistered interest has the effect of registration as to him.
KNOWLEDGE OF A PRIOR UNREGISTERED SALE IS
EQUIVALENT TO REGISTRATION”

JUSTICE KAPUNAN
RUIZ v. CA
G.R. No. 121298
 DISCHARGE OF
ATTACHMENT

upon giving a COUNTER-BOND or on

the ground that THE SAME WAS
IMPROPERLY OR IRREGULARLY
ISSED IR ENFORCED, OR THAT
BOND IS INSUFFICIENT.