NAME: SAGURAN, JUNE PAOLO C.

CASE TITLE: G.B. Inc., v. Sanchez

TOPIC: ATTACHMENT (J. Discharge of Attachment- 1. Upon counter-bond)

Principle:

“The merits of the main action are not triable in a motion to discharge an attachment otherwise
an applicant for the dissolution could force a trial of the merits of the case on his motion.”

Facts:

X secured a loan from Juan Luna Subdivision, Inc. and promised under an “agreement to
sell” to answer within 60 days to Y, the land which he bought from ABC. Instead of conveying
the land Y sold the same to Z for 25, 000 in order to pay his wife’s gambling debt. X filed a
complaint against Y for the collection of his indebtedness based on his “Agreement to Sell”.
Subsequently, the court granted the ex parte writ of PA.

Issue:

Whether the respondent judge correct in granting the motion to discharge attachment?

Held:

The judge is not correct in granting the motion to discharge attachment. In the case at bar,
the hearings of motion to discharge attachment were held before the issues have been joined
(respondent not having yet filed his answer to the complaint), and the order issued thereby
discharging the attachment would have the effect of deciding or prejudicing the main action.

The merits of the main action are not triable in a motion to discharge an attachment,
otherwise, an applicant for the dissolution could force a trial of the merits of the case on this
motion.