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SPOUSES YU V TE
SPOUSES YU V TE
ISSUE #1: WON the petitioner’s counterclaim was correctly dismissed for failure to comply ITC, Spouses Yu suffered some form of pecuniary loss when their properties were wrongfully
with the procedure laid down in Section 20 of Rule 57? – NO. seized, although the amount thereof cannot be definitively ascertained. Hence, only an award of
temperate or moderate damages is in order.
RESPONDENT: Regardless of the evidence presented by Spouses Yu, their counterclaim was MORAL OR EXEMPLARY DAMAGES: To merit an award thereof, it must be shown that the
correctly dismissed for failure to comply with the procedure laid down in Section 20 of Rule 57. As wrongful attachment was obtained by the attachment plaintiff with malice or bad faith, such as by
Visayan Surety was not notified of the counterclaim, no judgment thereon could be validly appending a false affidavit to his application.
rendered.