MCF No. 57.

14
Affidavit of Third Party Claim

Original Court, 1st Copy Plaintiff, 2nd Copy Defendant, Other copies as needed
Enter information in block letters in all parts of the Form except when reserved for Court
use, which shall be completed by the Clerk.
For Court Use Only
(Judicial Region)

(Municipality/City/Province)

METC/MTCC/MTC/MCTC
RTC

BRANCH
Case No.
Plaintiff/
Petitioner , v.
Defendant/
Respondent

COUNSEL OR PARTY WITHOUT COUNSEL

Nam
e
Firm Name
Address
Email Address
Tel./Cel./Fax Nos.
PTR No. Date/
Roll No. Place of Issue
Lifetime
IBP No. Date/Chapter
Compliance
MCL Exemption No
E .
Other Compliances
Attorney for
Plaintiff/
Petitioner
Defendant/
Respondent
Other

AFFIDAVIT OF THIRD-PARTY CLAIM

UNDER RULE 57.14

I, , of legal age,
(name)
, residing at
(citizenship) (address)
under oath states:

1. I am not a party to this case;

2. By virtue of the Writ of Preliminary Attachment issued on
in Case No. the following
(date) (case no.)
property/ies were attached:
________________________________________________________
________________________________________________________
________________________________________________________
________________________________________________________
(describe property/ies)

page 1 of 3
3. I have title to or right to possess the attached property/ies because:
________________________________________________________
________________________________________________________
________________________________________________________
________________________________________________________
________________________________________________________.
Use additional sheets, if necessary.

The document/s evidencing my interest is/are attached as annex/es.

___________________
Name of Third-Party Claimant

SUBSCRIBED AND SWORN to before me on at

(date)
affiant exhibiting his/her evidence of
(address where the affiant appeared before the notary public)
identity as follows:

(description of evidence of identity)

____________________________
Notary Public
Notary Public for ___________________
(province/city)

_________________________________
(address)

Appointment No. ___, until ___________

(date)

IBP No. ____; __________ _________

(date of membership) (IBP chapter)

PTR No. ____; __________ _________

(date issued) (place issued)

Roll No. ____; __________

(date issued)

MCLE Compliance No. ____

Serial No. of
Commission ____

Doc. No. ____;

Page No. ____;
Book No. ____;
Series of ____.

PROOF OF SERVICE
A copy of this Request was served upon:
Persons Name Method Place Served Date Served
Branch Sheriff Personal Service
Licensed Courier
Registered Mail
Facsimile or Other
Electronic Means
Attaching Party Personal Service
Licensed Courier
Registered Mail
Facsimile or Other
Electronic Means
Personal Service
Licensed Courier
Registered Mail
Facsimile or Other
Electronic Means
Personal Service
Licensed Courier
Registered Mail
Facsimile or Other
Electronic Means

AFFIDAVIT OF THIRD-PARTY CLAIM UNDER RULE 57.14 page 2 of 3

Proof of such service is attached to this Request as an annex.

Date Party/Partys Counsel Name and Signature

SPECIAL INSTRUCTIONS

WHEN PROPERTY CLAIMED BY THIRD PERSON

If the attached property is claimed by a person other than the party against whom the writ
of attachment had been issued or the partys agent, such person should execute an
affidavit stating the right of title or possession over the property relied upon, and serve
such affidavit upon the sheriff while the latter has possession of the attached property,
and another copy upon the attaching party. Upon receipt of the affidavit, the sheriff shall
not be bound to keep the property under attachment, unless the attaching party or its
agent, on demand of the sheriff, files a bond approved by the court to indemnify the third-
party claimant of a sum not less than the value of the property levied upon. The court
issuing the writ of attachment shall decide any disagreement regarding the value. No
claim for damages for the taking or keeping of the property may be enforced against the
bond unless the action for damages is filed within one hundred twenty (120) days from
the date of the filing of the bond.

The sheriff shall not be liable for damages to any third-party claimant for the taking or
keeping of such property if such bond is filed. Nothing in this provision, however, shall
prevent such claimant or any third person from vindicating a claim to the property, or
prevent the attaching party from claiming damages against a third-party claimant who
filed a frivolous or plainly spurious claim, in the same or a separate action.

When the writ of attachment is issued in favor of the Republic of the Philippines, or any
officer duly representing it, the filing of a bond shall not be required. If the sheriff is sued
for damages as a result of the attachment, the sheriff shall be represented by the Solicitor
General; and if held liable, the actual damages adjudged by the court shall be paid by the
National Treasurer out of the funds to be appropriated for the purpose. [Rule 57.14(1)]

ATTACHING PARTYS BOND

Upon receipt of the affidavit, the sheriff shall not be bound to keep the property under
attachment, unless the attaching party or its agent, on demand of the sheriff, files a bond
approved by the court to indemnify the third-party claimant of a sum not less than the
value of the property levied upon.

When the Writ of Attachment is issued in favor of the Republic of the Philippines, or any
officer duly representing it, the filing of a bond shall not be required. [Rule 57.14(3)]

AFFIDAVIT OF THIRD-PARTY CLAIM UNDER RULE 57.14 page 3 of 3