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SALGADO VS.

COURT OF APPEALS
March 26, 1984 (128 SCRA 395)
MEDIALDEA, J.:
FACTS:
PCIB filed action to recover on a promissory note with prayer
for writ of attachment. CFI Rizal lifted the writ of attachment
it previously issued after petitioner moved to quash it. Bank
posted bond.
The Court of Appeals reconsidered and
authorized the issuance of the writ of attachment.
ISSUE:
Can a writ of attachment issue if note sued upon is fully
secured?
HELD:
Petition is impressed with merit.
The chief purpose of attachment is to secure a contingent
lien on defendant’s property until plaintiff can obtain a
judgment and have such property applied to its satisfaction
or to make some provision to unsecured debts in cases
where the means of satisfaction thereof are liable to be
removed beyond the jurisdiction, or improperly disposed of
or concealed, or otherwise placed beyond the reach of
creditors.
Sec. 1, Rule 57 states the grounds on which attachment
may issue.

. 13. The reason for the rule prohibiting attachment where indebtedness was already secured is to prevent the secured creditors from attaching additional property and thus tying up more of the debtor’s property than was necessary to secure the indebtedness. the security later became valueless.Sec. To sustain an order of attachment. Rule 57. 3. Rule authorizing issuance of writ of attachment must be strictly construed in favor of defendant. or of some other person who personally knows the facts that xxxxx there is no other sufficient security for the claim sought to be enforced by the action. Rule 57 authorizes the discharge of an attachment where the same had been improperly or irregularly issued. it is incumbent upon the plaintiff to establish either of these 2 facts: a) that the obligation had not been secured originally b) that. Sec. if secured at its beginning. An order of attachment shall be granted only when it appears by the affidavit of the applicant.