JUSTICE PERALTA:

     MOTION TO DISCHARGE A WRIT OF ATTACHMENT: UNENFORCEABILITY OF THE CONTRACT AND THE VERACITY OF PRIVATE RESPONDENT’S ALLEGATION OF FRAUD, PERTAIN TO THE MERITS OF THE MAIN ACTION. HENCE, THESE ISSUES ARE NOT TO BE TAKEN UP IN RESOLVING THE MOTION TO DISCHARGE, LEST WE RUN THE RISK OF DECIDING OR PREJUDGING THE MAIN CASE AND FORCE A TRIAL ON THE MERITS AT THIS STAGE OF THE PROCEEDINGS (THE MUNICIPALITY OF HAGONOY, BULACAN VS. HON. DUMDUM, JR., [2010], PERALTA, J).

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