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Showing 1–11 of 11 articles for “writ of preliminary attachment”

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.

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.

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.

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.

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.

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.

Writ of Preliminary Attachment: Abuse of Discretion and Judicial Misconduct

A look at a Supreme Court ruling on a judge and sheriff fined for improper issuance of a writ of attachment and misconduct.