Davao Light & Power Co. Inc. v CA (204 SCRA 343)

Facts:

Davao Light and Power Inc, Co. filed a complaint for recovery of sum of money and damages against Queensland Hotel and Teodorico Adarna. The complaint contained an ex parte application for a writ of preliminary attachment.

Judge Nartatez granted the writ and fixed the attachment bond at around P4Million.  The summons, copy of complaint, writ of attachment, copy of attachment bond were served upon Queensland and Adarna. Pursuant to the writ, the Sheriff seized the properties of the latter.

Queensland and Adarna filed a motion to discharge the attachment for lack of jurisdiction to issue the same because at the time the order of attachment was promulgated (May 3, 1989) and the attachment writ issued (May 11,1989), the Trial Court  had not yet acquired jurisdiction over cause and person of defendants.

Trial Court denied the motion to discharge.

CA annulled the Trial Court’s Order. Davao seeks to reverse CA’s order.

Issue:

Whether or not preliminary attachment may issue ex parte against a defendant before acquiring jurisdiction over his person.

Held:

Yes. Rule 57 speaks of the grant of the remedy “at the commencement of the action or at any time thereafter” What the rule is saying is that after an action is properly commenced (by filing of the complaint and payment of all requisite docket and other fees), the plaintiff may apply for and obtain a writ of preliminary attachment. This he may do so, before or after, the summons to the defendant.

The CA decision is reversed and the writ of attachment issued by Judge Nartatez is reinstated.

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Preliminary Attachment – provisional remedy in virtue of which a plaintiff or other party may, at the commencement of the action or at any time thereafter, have the property of the adverse party taken into custody of court as security for satisfaction of judgment to be recovered.

Nature of Attachment: a remedy which is purely statutory in respect of which the law requires a strict of construction of the provisions granting it. No principle, whether statutory or through jurisprudence, prohibits its issuance  by any court before the acquisition of jurisdiction over the person.