1980 Bar Question PRILIMINARY ATTACHMENT Question no.

4-2 Assuming the judgement is in plaintiff’s favor, ordering the ejectment of the defendant, how may the defendant prevent immediate execution of the decision? Answer Defendant may prevent immediate execution by: a.) perfecting an appeal b.) filling a supersedeas bond covering the rents or damages in arrears; and c.) Depositing, during the pendency of the appeal, the amount of rent due under the contract, if any, found by the judgement of the inferior court to exist; or in the absence of a contract, the reasonable value of the use and occupation of the premises for the preceding month or period at the rate determined in the judgement, on or before the tenth day of each succeeding month or period. 1979 Bar Question Question no. 7 A writ of attachment was issued by the Court and, on the basis thereof, defendant’s credit balance with a stockbroker was garnished. Can the court order the stockbroker to surrender that credit balance to plaintiff or to the sheriff? Alternative Answer 1.) If defendant’s credit balance represents a sum of money due him from the stockbroker, it is subject to garnishment. 2.) However, if defendant’s credit balance is an over-draft account granted him by the stockbroker, it is not a credit subject to garnishment because it is a loan. (Nava vs. San Jose, 90 Phil. 341) 3.) Assuming that the credit balance is a property of defendant, the court may not order the stockbroker to surrender it to the plaintiff or to the sheriff upon garnishment. It is only after the judgement against defendant has become final and executor that such amount garnished may be ordered delivered to plaintiff or the sheriff. (Sec. 15 of Rule 57)

Describe the remedies and procedures. 8. Switzerland. Ramon Castillo should petition the court for the issuance of a writ of preliminary attachment. now residing in Switzerland. Inc. with Chan as a solidary co-debtor. One of the procedural problems facing Atty. Atty. or He may file an action for the recovery of possession of the chattel mortgaged and apply for a writ of replevin or delivery of personal property (Rule 60) as a preliminary step to the sale on foreclosure thereof (Act 1508). Answer (Examiner’s Answer) Upon filing the complaint against Daniel Chan. (Northern Motors. He is the Chief Executive Officer of various family corporations where he owns 20% of the respective capital stocks. vs. Zurich. where his wife and children reside. . Castillo should follow as would enable him to effect a valid service of summons on Daniel Chan. to enable the Philippine courts to acquire jurisdiction over his person. he may in the alternative pray for the payment of the obligation. After Chan has carefully manipulated the finances of the family corporations and diverted their funds to his account in a Swiss bank. Makati. The ground for the issuance of a writ of attachment is that the case is against a party. Answer The creditor may file an action for the judicial foreclosure of the chattel mortgage (Sec. Castillo is the method of effecting a valid service of summons upon Daniel Chan. In the second case. These family corporations owe several banks the total sum of P2. 8 If the debtor in a chattel mortgage refuses to deliver the chattel so it can be sold at a foreclosure sale. Ramon Castillo for the purpose of filing a suit in the Philippines against Daniel Chan on his obligation as a solidary co-debtor on the loans of the family corporations. The banks concerned now retains the services of Atty. 14 Daniel Chan owns a house and lot at Forbes Park. Daniel Chan.5 billion. and the supporting grounds thereof that Atty. who now permanently resides out of the Philippines. Rule 68).FORCLOSURE Question no. what is the remedy of the creditor? Explain. Herrera) 1983 Bar Exam Questions in Provisional Remedies Question No. he flees from the Philippines and now resides at 127 Duphine.

service of summons can then be effected as ordered by the court either by the personal service in Switzerland of the summons and complaint or by publication in a newspaper of general circulation in such places and for such time as the court may order. At the time that the services of Atty. and mailing to the Swiss address of Danilo Chan. Castillo should have the same served and levied on all assets of Daniel Chan in the Philippines including his house and lot at Forbes Park. Atty. Makati. Quasha et al. and his equity shares in the family corporations. upon filing of the complaint. Palanca. Castillo should ask the court for permission to effect an extraterritorial services of summons on defendant on the ground that he does not reside and is not found in the Philippines and his assets in the Philippines had been attached. the court acquires jurisdiction over the res.specifically in Switzerland. 118 SCRA 505) Question No. vs. (Asiatic Petroleum vs. (Sec. Victor Mamon in connection with its contemplated suit against Dapo Textile Mills. 37 Phil. 15 FORCLOSURE The Asean Banking Corporation retained the services of Atty. Payment of the loan was secured by a real estate mortgage on the testile plant and the land it occupied. shall be made on Daniel Chan. of copies of the order publication. Inc. As a consequence. the summons and the complain. Castillo should request the sheriff to levy attachment on the house and lot of Daniel Chan at Forbes Park. the appraised value of the mortgaged property was P256 million as compared to the loan of P650 million. By virtue of such attachment. or in any other manner the court may deem sufficient. Thereafter. publication. 17 of Rule 14) The purpose of such extraterritorial service of summons is to satisfy the constitutional requirement of due process. 69 Phil. Co Quico. 433) Extraterritorial service of summons. The Asean Banking Corporation requested Atty. Atty. 921. Atty. DAPO ceased operations and its textile plant had since then been exposed to the elements and risk of fire due to the presence of highly combustible materials consisting of synthetic fibers. DAPO defaulted on its loan after the union of its employees had declared a strike which prevented everyone from entering the factory premises. (Committee’s Answer) Atty. (Banco Espanol vs. Juan. Mamon were retained. (Sec. 1(f) of Rule 57) Upon the issuance of the writ of attachment. With the permission of the court. Mamon to pursue a cause of action that would realize two principal objectives: [a] obtain a judgment for the payment of any deficiency arising from the foreclosure of the mortgage . [DAPO[ for the collection of the latter’s loan in the amount of P650 million. Castillo. both owned by DAPO. and not to acquire jurisdiction over his person. should apply to the court for a writ of preliminary attachment on the ground that Daniel Chan resides out of the Philippines. through personal service. Once the writ of attachment is issued.

(Committee’s Answer) Atty.) Appointment of a receiver of the mortgaged property on the ground that the mortgaged property is in danger of being wasted or materially injured and that its value is probably insufficient to discharge the mortgage debt. Mamon should file on behalf of the Asean Banking Corporation an action for the judicial foreclosure of its real estate mortgage with a petition for the appointment of a receiver of the textile factory. What are the judicial remedies that Atty. a deficiency judgment if the foreclosure of the mortgage lien results in a deficiency. so that when a deficiency judgment is rendered. in the same proceedings. 1 of Rule 57 and on the further ground that the mortgaged property is not sufficient to satisfy the loan. (Sec. Inc. so that the income derived therefrom could be applied in partial payment of the loan. [b] procure the possession and operation of the textile plant. namely: a.) Preliminary attachment of any other properties of DAPO on one of the grounds under Sec. Mamon should file a complaint for the foreclosure of the real estate mortgage against Dapo Textile Mills. (Note: Credit should be given to such answer as: Including directors as party defendants for fraudulent and stockholders for unpaid subscriptions. Mamon should pursue to accomplish the two principal objectives of the Asean Banking Corporation? Reasons. subject matter of the foreclosure suit. Resorting to the Ministry of Labor for the termination of the strike) . it may be satisfied by the sale on execution of the attached property. that the mortgage property is exposed to the danger of being wasted or materially injured as a consequence of its exposure to the elements and the risk of fire by the presence of highly combustible materials and the absence in the factory premises of responsible persons to guard against those risks. (Rule 57) b. either by the Asian Banking Corporation or by a third party during the pendency of the foreclosure proceedings and until the expiration of the redemption period after the foreclosure sale. 1(c) of Rule 59) The income earned by the receiver could then be applied in partial payment of the loan. (DAPO) and apply for two provisional remedies. The grounds for the petition for the appointment of a receiver are that the pending action is for the judicial foreclosure of a real estate mortgage.lien. and that the value of the mortgaged property is only P356 million and therefore insufficient to discharge the mortgage debt of P650 million. Answer (Examiner’s Answer) Atty. A judicial foreclosure of a real estate mortgage is the proper remedy as that would permit the court to render.

and in such an action. if any. The Intermediate Appellate Court has . The action is personal. because the court did not acquire jurisdiction over the person of B. Inc. 125 SCRA 758) (b) B may file a petition for certiorari to annul the judgment of the regional trial court on the ground of lack of jurisdiction over his person. When the sheriff failed to effect service of summons on B at Morong. (Dy Reyes vs. availing at the same time of the provisional remedies of a temporary restraining order and a writ of preliminary injunction against the sheriff to enjoin the execution sale. Answer: A. because the complaint of A for the payment of merchandise is an action in personam. he failed to file his answer in court. vs. 3 A. B. the address stated in the complaint. not in rem nor quasi in rem. Comments and Suggested Answer (a) No. would be available to B. As B was actually no longer residing in Rizal and consequently did not become aware of the collection suit against him. the defendant. summons by publication is not sufficient for the court to acquire jurisdiction over the person of the defendant. Furnished by Office of Justice Plana (a) No. Nieto. (a) Did the court have jurisdiction to render the judgment? Why? (b) What remedies. including provisional ones. He was therefore declared in default and a judgment was in due time rendered against him. a levy on execution was made on B’s properties. (Magdalena Estate. One year after the date of the judgment.1984 Bar Questions in Remedial Law Question No. The annulment should be sought by action filed before the Intermediate Appellate Court which. and to what forum should he go for relief? Explain. Such a petition may be filed either with the Supreme Court or with the Intermediate Appellate Court. Ortega. a grocery owner. now has the exclusive original jurisdiction over actions to annul judgments of regional trial courts. Summons by publication is valid only in actions in rem or quasi in rem. under section 9 (2) of the Judiciary Reorganization Act of 1980. and ask for the issuance of a writ of preliminary injunction to prevent the execution of said judgment. 16 SCRA 903) (b) B could have the judgment of the regional trial court annulled. sued B before a regional trial court for the payment of some merchandise. the court ordered the publication of the summons and a copy of the complaint in a newspaper of general circulation in Rizal. Rizal.

and when that is not the condition. On execution. found correct by the court. Was A’s refusal to accept the tractor legally justified? If so. Sec. Rule 60. plus damages if any and court costs. 9) B. B put up a counterbond and was thus allowed to retain possession of the tractor. 16 SCRA 81) A should enforce the judgment against B and the surety on his counterbond for the value of the tractor and the damages awarded. the party entitled to possession has the right to refuse delivery but instead to enforce the alternative order for payment of its value. (Sec. A judgment in an action where the provisional remedy of delivery of personal property has been sought but delivery is withheld because the defendant has filed a re-delivery of personal property has been sought but delivery is withheld because the defendant has filed a re-delivery bond. Furnished by Office of Justice Plana Yes. (Ago vs. and ask for the issuance of a writ of preliminary injunction to prevent the execution of said judgment. is required to be in the alternative for the delivery of the property to the party entitled to it or for the value thereof in case delivery cannot be made. 9 of Rule 60) .original jurisdiction to issue writs of certiorari whether or not in aid of its appellate jurisdiction. X. what are A’s rights against B? Answer: A. After much delay. Sec. Comments and Suggested Answer Yes. Court of Appeals. The order to deliver the property implies that the property is in a condition provided in the contract or obligation. 9(2) of BP 129). judgment rendered against B. A’s refusal to accept the dilapidated and unserviceable tractor was justified. (Ago vs. 9(1) of BP 129) Another Answer: (b) B may file an action for annulment of the judgment of the regional trial court on the ground of lack of jurisdiction over his person. 1 of Rule 65. Such an action should be filed with the Intermediate Appellate Court (Sec. Court of Appeals. Question No. (Sec. but A refused to accept it on the ground. Art. 16 SCRA 81. Sec. Constitution. the sheriff took possession of the tractor. 16 REPLEVIN A filed an action for replevin against B for the recovery of a tractor which A had leased to B. where a judgment is rendered for the articles or their value and they cannot be returned in substantially the same condition. it is settled that the prevailing party may refuse to take them and instead sue on the re-delivery bond. 5(1). that the tractor had become so dilapidated as to be unserviceable and needed very costly repairs to be of any use.

Comments and Suggested Answer No. judgment was rendered against A. 1984. Hearing on the motion for a writ of preliminary injunction was set on October 8. A was able to raise enough money to fully satisfy the judgment. 1984. 1984 at a price less than the amount of the judgment. 224. what steps should A take to protect his interest under the circumstances? State your reasons. the restraining order was deemed automatically vacated on October 21. even less if the order fixes a shorter period. because a temporary restraining order is effective only for a period of twenty days from date of its issuance. the mortgaged property was sold at public auction on October 1.P. a regional trial court issued a temporary restraining order against the defendant. 3 of Interim Rules) Question No. otherwise the confirmation would divest “A” of . defendant was not liable for contempt of court when on October 23. 1984 he proceeded to perform the action subject of the restraining order. On October 3. The life of the temporary restraining order ended on October 21. 1984. Since no preliminary injunction was issued within said period. 1984. the mortgagor-debtor. Answer: A. Furnished by Office of Justice Plana No. 1984 when the defendant performed the act subject of the order. Sec. but because of illness the judge was unable to issue an order either granting or denying the motion.Question No. Furnished by Office of Justice Plana “A” could deposit with the court an amount sufficient to satisfy the judgment plus all expenses of the mortgage sale. including all expenses of the sale of the mortgaged property. Under B. (BP 224. As A failed to pay the mortgage debt plus interest thereon within the period stated in the judgment. 1984 and the order was of no effect on October 22. 17 TRO On October 1. before the court confirms the sale. He should do this. however. On October 22. Hence. a temporary restraining order has an effectivity of 20 days from the date of its issuance. the defendant proceeded to perform the action subject of the restraining order. 1984. B. Is the defendant liable for contempt of court? Why? Answer: A. Assuming that the mortgagor has no right of redemption under the law. 18 FORCLOSURE In an action for foreclosure of real estate mortgage.

54 Phil. liable to be dissolved anytime the judgment upon which may or may not affect affect the property seized. Garnishment. Court of Appeals. otherwise called the garnishee. he should exercise his equity of redemption before the confirmation of the sale. (Rural Bank of Oroquieta vs. 7) A foreclosure sale is not complete until it is confirmed. there is no actual seizure of the property. In garnishment. to wit: (a) preliminary attachment. (Sec. 944) Like · Posting for Clementine Villamor: 1975-1976 Bar Questions on Provisional Remedy Question: Enumerate and discuss the different kinds of attachment.his rights in the property and vest them in the purchaser at auction. Reyes. therefore. and (c) levy on execution. Comments and Suggested Answer A should exercise the equity of redemption at any time before the confirmation of the sale on foreclosure. subject to such rights of redemption as may be allowed by law. Anderson vs. Garnishment on the other hand is the process by which the plaintiff seeks to subject to his claim property of the defendant in the hands of a third person or money owed by such third person to the defendant. Answer There are at three kinds of attachment. (Rule 68. (b) garnishment. 101 SCRA 5) B. It is a mesne process. Sec. either granting or denying confirmation as the ends of justice may require. simply impounds the property in the garnishee’s possession and maintains its status quo until the main action is finally decided. Garnishment proceedings are . and before confirmation the court has discretion in regard to the sale. Since A has no right of redemption. The property remains with the third person. Preliminary attachment is one issued at the commencement of the action or during the progress of the action. 3 of Rule 68. It is only the order of the Court confirming the sale on foreclosure that operates to divest the rights of all the parties to the action and to vest their rights to the purchaser.

Alternative Anwer There is only one kind of attachment. the stranger becomes a forced intervenor. . therefore. and the court. levy on execution is the process by which the property of the judgment debtor is subjected to a lien for the satisfaction of the final judgment. (See Tayabas vs. the judgment debtor and owing to him from a stranger to the litigation.usually directed to personal property. but to the new creditor who is creditor the main litigation. It is. that the court has no jurisdiction over the respondent who is holding office in Manila. Its jurisdiction over the person of the respondent is acquired by means of service of summons. By means of the citation. A levy on execution of a final and executory judgment is not an attachment. Question: INJUNCTION A filed in the Court of First Instance of Cebu City a verified petition for injunction against the Director of the Bureau of Telecommunications to prevent him from installing a new telephone system in Cebu City in violation of A’s franchise. the Court of First Instance of Cebu has acquired jurisdiction over the person of the defendant Director of Telecommunications. Levy on the execution is a preliminary step to the sale on execution of the property of the judgment debtor. Garnishment may refer to preliminary attachment or levy on execution. Answer The contention of the Director of Telecommunications is not correct. A motion to dismiss the petition was filed alleging. 41 Phil 382). Is the contention correct? Explain. preliminary attachment. a case of involuntary novation by the substitution of one creditor for another. Sharuff. among others. By means of garnishment. The service having been made. On the other hand. have acquired jurisdiction over him by means of the citation requires him to pay his debts not to his former creditor.

Its jurisdiction over the person of the respondent is acquired by means of service of summons.00. co-extensive with the territorial boundaries of the province or district in said court sits. the Court of First Instance of Cebu has acquired jurisdiction over the person of the defendant Director of Telecommunications.000. the Rules provide that such a remedy may be applied for at the commencement of the action or at any time before answer. are acts to be committed not in the City of Manila but in the City of Cebu.It is true that defendant has his office in Manila. it is valid and the court has jurisdiction to issue it. what requisites must the plaintiff comply with in order to make his remedy available to him? (3) What is the ancillary remedy called? (4) May this remedy be availed of in the Municipal Court assuming that the value of the property in litigation does not exceed P10. exclusive of of interests and costs? Answer (1) Yes. (Section 1 Rule 60) (2) The plaintiff must show by his own affidavit of that some other person who personally knows the facts: . Alternative Answer The contention of the Director of Telecommunications is not correct. But since the injunction does not purport to restrain acts outside the City of Cebu. The service having been made. It is true that the preliminary injunction that may be granted by a court of First Instance under said Sec 2 of Rule 58. is in its application. however. Question: Pending final judgment in an action for recovery of personal property: (1) May the plaintiff apply for immediate delivery of the property in question? (2) In the affirmative. What is sought to be restrained. The injunction sought is for the purpose of preventing the defendant from installing the telephone system in Cebu City.

00 inclusive of interest and costs. Inc. A writ of attachment could be issued if Builders.000. which has a running account with the former. Inc. the supplier of construction materials of Builders. for the return of the property to the defendant if the return thereof be adjudged. had been guilty of . Builders failed to redeem the dishonored check much less deposit the necessary amount to answer for its value. (b) That the property is wrongfully detained by the defendant. The plaintiff must also give a bond. and (d) The actual value of the property. and for the payment to the defendant or such sum as he may recover from the plaintiff in the action. provided the amount of damages claimed added to the value of the property in litigation does not exceed P10. The check when deposited was dishonored. particularly describing it. Hence. Avenue notified Builders but despite notice. Avenue Lumber sued Builders for collection and simultaneously applied for a writ of attachment on the ground of fraudulent issuance of the aforementioned check. or is entitled to the possession thereof. (Section 2 of Rule 60) (3) Delivery of personal property or replevin. information and belief. alleging the cause of detention thereof according to his best knowledge. or if so seized.000. (4) Yes. (c) That is has been taken for a tax assessment or fine pursuant to law. (A) As a judge.00 in check. or seized under an execution or an attachment against the property of the plaintiff. (Section 88 of Judiciary Act) 1985 Bar Question on Preliminary Attachment Avenue Lumber. that it is exempt from such seizure. executed to the defendant in double the value of the property as stated.(a) That the plaintiff is the owner of the property claimed. was paid by the latter P100. in the affidavit aforementioned. will you grant the attachment prayed for? No.

000..00 was not a loan intended to be repaid but was a “balato” or gift on the occasion of Matiisin’s winning P2. had always been of the impression that the P60. (Dolo Incidente) (Fernandez vs Imperial. Is there a ground for an attachment? Is the application for a writ of preliminary attachment adequate? Should it be granted? Explain. I would oppose the move to attach its properties for the reason above stated. Maramot told Matiisin that he.00 debt incurred by the latter. Inc.000.000. Inc. had a running account with Avenue Lumber.000. Maramot. From the facts. If the application for a writ of attachment were set for hearing. 1986 Bar Question on Preliminary Attachment Matiisin made demands to no avail upon Maramot for the payment of the P60. is in the refusal to pay the debt. Maramot was guilty of one of the grounds for attachment and discussed the ground referred to. 44 Phil. Matiisin filed a collection suit against Maramot and prayed for a writ of preliminary attachment. I would file a petition for certiorari to annul the order granting the writ on the ground of grave abuse of discretion and/or. to the best of his knowledge and belief. 32 SCRA 261) (B) As counsel for Builders. to make good the dishonored check was a subsequent fraud and could not be the basis for a writ of attachment.) Alternative Answer: A ground for attachment exists. I would file a counter-bond to discharge the attachment. 1. 60.. (Javellana vs. The failure of Builders. Inc. D. When they met a party. Inc. None of the grounds enumerated in Sec. In his affidavit. Plaza Enterprises. If the writ of attachment were issued. (Dolo Causante) The fraud in this case however. Answer: There is no ground for an attachment. what remedial steps will you undertake against the move to attach its properties? Discuss. One ground is when a party is guilty of fraud in contracting the debt or incurring an obligation. Rule 57 exists.O. it may be inferred that .00 in the sweepstakes draw. Matiisin asked Maramot why his demand letters were not answered and why the loan remained unpaid.fraud in contracting the debtor incurring the obligation. In this case Builders. Matiisin stated that. This means that the sales were made on credit.

6. An application for support pendente lite may not be granted without a hearing. Mario. after which the court shall determine provisionally the pertinent facts and shall issue such order as equity and injustice may require. 14 VX and her son. This provisional determination is without prejudice to the trial on the merits after which a final determination may be made on the right to support. The Court should have given WX the opportunity justice may require. 1981 BAR EXAMS Question No.” which is not sufficient. Is granting of such support pendente lite correct or not? Give your reasons. plaintiffs ask the Court for support pendente lite. Rule 7). A month after the filing of the complaint. WX opposes the petition on the ground that Mario is not his son but the issue of VX as a result of an adulterous relationship. Furthermore. the affidavit should also state that a sufficient security for the claim. are plaintiffs in a case against WX for support. Rule 57) The application should not be granted because no valid ground for attachment exists. Question No. the debtor entertained an intention not to pay. 3. Sec. The Court ruling that this defense is a matter or the main case denies WX the opportunity to prove his defense at the stage of the case and grants support pendente lite. It has been held that a debt is fraudulently contracted if at the time of contracting it. 3. (Sec. 15 . This provisional determination is withhearing of the application for support pendente lite. Matiisin’s affidavit should be made on the basis of personal knowledge and not “to the best of his knowledge and belief. The application for the writ is not adequate. and that the amount due or the value of the property to be recovered is as much as the sum for which the order of attachment is granted above all legal counterclaims. (Sec. Rule 57. Answer No. WX asks that he be given an opportunity to prove his defense.Maramot did not really intend to repay the loan from its inception.

. Does the CFI of Rizal have jurisdiction to issue a Writ of Injunction to enjoin the City Fiscal of Manila as prayed for by DD and EE? Explain. Y owns only 20% of the shares of the corporation and there is no showing that the case is an exception al one where the corporate fiction may be disregarded. Y defaults on a manufacturing contract with Z. While the complaint was under preliminary investigation. a minority stockholder of said corporation filed a minority suit before the CFI of Rizal in relation to the same activities of the corporation. Answer No. Additional Answer Attachment is not proper in a suit where plaintiff claims damages which are contingent or unliquidated. 20 The City Fiscal of Manila received a criminal complaint against DD and EE for violation of the Corporation Law for engaging in activities not within the purpose clause of the corporation of which they are principal officers. seeks to attach 20% of a parcel of land that belongs to the corporation. Z sues for specific performance and damages and. DD and EE intervened in the Rizal case and asked that the criminal investigation in Manila be enjoined since the civil case in Rizal involved a prejudicial civil question. The parcel of land sought to be attached belongs to a corporation which is a distinct entity separate and apart from its stockholders. Z may not attach property which does not belong to the defendant Y. Question No. One of the allegations in the CFI was the validity of the transaction subject matter of the criminal complaint before the City Fiscal of Manila. Can Z secure such an attachment granting that the averments of petition are sufficient? Reasons. Y owns 20% of the shares of said corporation.Y is a stockholder of a local corporation. on the ground that Y is fleeing from the country to avoid creditors.

the court which . ordering her to pay damages to Mr. If you were the judge. 3 Branch XXV of the CFI of Manila rendered a decision against Mrs. Santos a third-party claimant. and (2) Mrs. The first contention of Mr. denied the motion to dismiss and granted the preliminary injunction. then an interlocutory order. The CFI of Bulacan. Reyes. Cruz? Give your reasons. Santos did not file a third-party claim with the provincial sheriff before filing the action. Mr. Cruz filed a petition for certiorari. Cruz filed a motion to dismiss the action alleging that the Bulacan court could not interfere with the action taken by the Manila Court. alleging that she was the owner of the properties. how would you rule on the contentions of Mr. Obviously a judgment rendered in her favor declaring her to be the owner of the property would not constitute interference with the powers or processes of the court which rendered the judgment to enforce which the execution was levied. Reyes in Bulacan were levied on execution by the sheriff. Mrs. Mrs. (This is the first alternative answer and the one that relates to provisional remedies) 1982 BAR EXAMS Question No. If that be so. personal properties of Mrs. After the decision became final. Moreover. Santos filed an action for injunction before the CFI of Bulacan to enjoin provincial sheriff of Bulacan from proceeding with the sale. cannot be considered as such interference either. may vindicate her claim by action. however. Cruz. Answer I would dismiss the petition for certiorari. Cruz is not tenable. The CFI of Rizal may not issue a writ of preliminary injunction to restrain or enjoin acts being done or about to be done outside its territorial boundaries. alleging that the CFI of Bulacan did not have jurisdiction to enjoin the sale because (1) said act constituted an interference with an order issued by a court with concurrent jurisdiction. Mr. such as a preliminary injunction upon a claim and prima facie showing of ownership.Answer No.

would you grant the prayer for preliminary attachment? Why? Answer No. was planning to leave for Singapore in a few days. Question No. Attached to the complaint was an affidavit executed by Marilyn to the effect that Liza told her that she.rendered the judgment did not direct the sheriff to levy upon the particular property in dispute. If you were the judge. The second contention is also not tenable. The order was for him to levy upon properties of the judgment debtor without specifying them. Edward prayed for preliminary attachment. the filing of a third-party claim is not a pre-requisite to the filing of the action for injunction. Facts and circumstance should have been stated in the affidavit to show intent to defraud her creditors in order to justify such grant. Hence. not upon properties of a third party. because the mere fact that Liza was about to depart from the Philippines is not a ground for granting preliminary attachment. . Liza. 15 Edward filed a complaint against Liza for accounting of the money received by her as administratrix of Edward’s hacienda. In his complaint. alleging that Liza was about to depart from the Philippines. The Rules of Court provide that nothing therein contained shall prevent a third-party claimant from vindicating his claim to the property by any proper action.

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