Legal Insights
Plain-language guides and case briefs on Philippine law — researched from the firm's law library of 184,000+ statutes, Supreme Court decisions, and agency issuances, and written so non-lawyers can understand and act on them.
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Preliminary Attachment in the Philippines: Safeguarding Claims Without Overreach
The Supreme Court clarifies when preliminary attachment is proper, stressing strict compliance with Rule 57 to prevent abuse.
Standby Letters of Credit vs Counter-Bonds: Safeguarding Preliminary Attachments in Philippine Litigation
A standby letter of credit cannot substitute a counter-bond to discharge a preliminary attachment under Rule 57, per the Supreme Court.
Fraud and Writs of Preliminary Attachment: Lessons from a Philippine Supreme Court Ruling
When does non-payment of a debt amount to fraud justifying a writ of preliminary attachment? A recent Supreme Court ruling provides clear guidance.
Res Judicata and Stare Decisis: What Unsigned SC Resolutions Mean for Stock Attachment Disputes
The Supreme Court clarifies that unsigned resolutions bind only the parties, not the public, and cannot establish legal doctrine.
Fraudulent Debt and Writs of Attachment: Protecting Your Assets in the Philippines
The Supreme Court explains when a writ of preliminary attachment may issue based on alleged fraud in contracting a debt, and what sureties should know.
Navigating Contractual Boundaries When CAN A Third Party BE Bound BY A Writ OF Attachment
Understanding Writs of Preliminary Attachment, Fraud, and Mootness in Philippine Law
The Supreme Court explains when a writ of preliminary attachment based on fraud becomes moot and barred by res judicata.
Third-Party Claims and the Right to Litigate in Property Attachment Cases
Learn how the Supreme Court protects a third-party claimant's right to litigate in property attachment cases and when damages may be awarded.
Res Judicata and Preliminary Attachment: Protecting Judicial Stability in Debt Recovery
Learn how the Supreme Court applied res judicata and litis pendentia to bar a second certiorari petition challenging a writ of preliminary attachment in debt collection.
Plunder, Bail, and Preliminary Attachment: Key Rulings from the Revilla Case
The Supreme Court clarifies bail standards, conspiracy liability, and preliminary attachment in plunder cases under RA 7080.
Sheriff Duties and Neglect in Attachment Cases: Protecting Your Property Rights
Learn how sheriffs must handle attached properties, their inventory duties, and what happens when they neglect these responsibilities.
Premature Attachment of Public Funds and Provisional Remedies in Philippine Law
A Supreme Court ruling on when garnishment of government funds is premature, and why administrative complaints cannot replace lost judicial remedies.
Maritime Liens vs Preliminary Attachment: Enforcement Rules Under Philippine Law
Philippine Supreme Court clarifies when a maritime lien suffices and when a writ of preliminary attachment is proper.
Trust Receipt Violations and Preliminary Attachment: Safeguarding Creditor Rights
Supreme Court clarifies when trust receipt violations justify preliminary attachment, protecting creditors from fraudulent debtors.
Reinsurance and Attachment Bonds: Upholding Surety Validity Beyond Retention Limits
Supreme Court clarifies that attachment bonds exceeding a surety's retention limit remain valid when the excess is reinsured, explaining reinsurance contracts.
Tightening the Reins: Fraud Allegations and Preliminary Attachments in Philippine Law
The Supreme Court clarifies when fraud justifies a writ of preliminary attachment, requiring particularized allegations, not mere conclusions.
Surety Bond Liability and Due Process in Wrongful Attachment Cases
Learn when surety bonds can be enforced after wrongful attachment, and the due process rules that protect sureties in Philippine courts.
Probable Cause and Estafa: Balancing Judicial Discretion and Individual Rights in Criminal Arrests
Learn how the Supreme Court balances probable cause requirements and individual rights in estafa cases, from arrest to attachment.
When Can a Bank Deposit Real Property Instead of Cash to Lift an Attachment?
Philippine Supreme Court clarifies that under Rule 57, only cash deposit or counter-bond can lift a writ of attachment.
Cash Deposit or Counter Bond: The Only Ways to Discharge an Attachment in Philippine Courts
Philippine Supreme Court clarifies that only cash deposits or counter-bonds can discharge a writ of attachment—not real property.
How Appeals Affect Preliminary Attachments: Jurisdiction and Ancillary Remedies
When a main case is appealed, the trial court loses jurisdiction over the attachment. Learn the rule from Northern Islands v. Garcia.
Attachment Liens Priority Rights AND Protection IN Property Disputes
Learn how prior attachment liens survive property transfers and title cancellations, and why courts must preserve these encumbrances.
Attachment Liens Priority AND Protection IN Real Property Disputes
A prior attachment lien survives title cancellation and transfers, binding the property and subsequent purchasers until the debt is paid.
Preliminary Attachment Lien Survives Compromise Agreement Until Debt Paid
Supreme Court rules attachment liens continue until debt is fully paid, even after a compromise agreement ends the main case.