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.
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.
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.
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.
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.
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.
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.
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.
Compromise Agreements: A Strategic Tool to Nullify Preliminary Attachments in Philippine Litigation
How a compromise agreement can render preliminary attachment cases moot, dissolve writs, and end litigation under Philippine law.
Fraudulent Inducement and Preliminary Attachment When Allegations Mirror the Cause of Action
When fraud is both the ground for attachment and the core of the complaint, only a counter-bond can discharge the writ.
Breach of Preliminary Attachment: Officials Liable for Undue Injury Under RA 3019
Supreme Court rules local officials who released retention money despite a writ of preliminary attachment face criminal liability under RA 3019.
Fraudulent Inducement and Preliminary Attachment: Protecting Sureties From Unsubstantiated Claims
A bank's general fraud allegations cannot justify preliminary attachment against sureties who did not participate in the loan transaction.
Perfected Contract of Sale vs. Writ of Preliminary Attachment: Balancing Obligations with Due Process
A Supreme Court ruling clarifies when a contract of sale is perfected and when a writ of preliminary attachment may be improperly issued.
When a Lawyer's Statement Decides the Case: The Fraud Requirement for Preliminary Attachment
A bank's failure to prove fraud with specific facts, not just general allegations, led to the discharge of its writ of preliminary attachment.
Safeguarding Assets: Understanding Preliminary Attachment in Philippine Debt Recovery
Learn how Philippine courts handle writs of possession after extrajudicial foreclosure, and why procedural rules like the hierarchy of courts matter.
The Counter Bond Conundrum: Ensuring Fair Attachment in Philippine Courts
Philippine Supreme Court clarifies how courts should compute counter-bonds to discharge preliminary attachment, preventing excessive demands on debtors.
Breach of Contract and Preliminary Attachment: D.M. Wenceslao v. Readycon
Supreme Court clarifies when a wrongful attachment claim succeeds and when a contract balance becomes due, in a construction supply dispute.
Sheriff’s Neglect of Duty: When Failure to Implement a Writ Means Dismissal
The Supreme Court held a sheriff liable for grave misconduct and gross dishonesty for failing to implement a writ of preliminary attachment and mishandling funds.
Limits of Guardianship Court Jurisdiction and Preliminary Attachment Under Philippine Law
A guardianship court exceeded its authority by issuing preliminary attachment. The Supreme Court clarifies jurisdictional limits and judicial accountability.
Preliminary Attachment and Corporate Officer Liability in Fraud-Based Collection Cases
Learn when Philippine courts allow preliminary attachment for fraud and when corporate officers face personal liability in collection suits.