Tuesday, January 21, 2014

PRELIMINARY ATTACHMENT:

1.         Attachment is an ancillary remedy. It is not sought for its own sake but rather to enable the attaching party to realize upon relief sought and expected to be granted in the main or principal action. (BAC Manufacturing and Sales Corporation v. Court of Appeals, 200 SCRA 130, 139). Being an ancillary or auxiliary remedy, it is available during the pendency of the action which may be resorted to by a litigant to preserve and protect certain rights and interests therein pending rendition, and for purposes of the ultimate effects, of a final judgment in the case. They are provisional because they constitute temporary measures availed of during the pendency of the action and they are ancillary because they are mere incidents in and are dependent upon the result of the main action. [Regalado, REMEDIAL LAW COMPENDIUM, Vol. 1 (7th Ed.), p. 606]

            A writ of preliminary attachment is a species of provisional remedy. As such, it is a collateral proceeding, permitted only in connection with a regular action, and as one of its incidents; one of which is provided for present need, or for the occasion; that is, one adapted to meet a particular exigency [Feria Noche, CIVIL PROCEDURE ANNOTATED (2001 Ed.), p. 261). (Golez v. Leonidas, G.R. No. L- 56587, 31 August 1981, 107 SCRA 187,189 cited in SILANGAN TEXTILE MANUFACTURING CORPORATION vs. HON. AVELINO G. DEMETRIA,,G.R. No. 166719, March 12, 2007, CHICO-NAZARIO, J.)

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