WRONGFUL ATTACHMENT:

     Where there is wrongful attachment, the attachment defendant may recover actual damages even without proof that the attachment plaintiff acted in bad faith in obtaining the attachment. However, if it is alleged and established that the attachment was not merely wrongful but also malicious, the attachment defendant may recover moral damages and exemplary damages as well. Either way, the wrongfulness of the attachment does not warrant the automatic award of damages to the attachment defendant; the latter must first discharge the burden of proving the nature and extent of the loss or injury incurred by reason of the wrongful attachment.

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GENERAL PRINCIPLES:

     The Court adopted a policy of liberally construing its rules in order to promote a just, speedy and inexpensive disposition of every action and proceeding. The rules can be suspended on the following grounds: (1) matters of life, liberty, honor or property, (2) the existence of special or compelling circumstances, (3) the merits of the case, (4) a cause not entirely attributable to the fault or negligence of the party favored by the suspension of the rules, (5) a lack of any showing that the review sought is merely frivolous and dilatory, and (6) the other party will not be unjustly prejudiced thereby.

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PARTITION:

     Partition is the separation, division and assignment of a thing held in common among those to whom it may belong.

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EJECTMENT:

     An ejectment case is designed to restore, through summary proceedings, the physical possession of any land or building to one who has been illegally deprived of such possession, without prejudice to the settlement of the parties’ opposing claims of juridical possession in appropriate proceedings.  Any ruling on the question of ownership is only provisional and made for the sole purpose of determining who is entitled to possession de facto. Certainly, a judgment in an ejectment case could only resolve the question as to who has a better right to possess the subject property but definitely, it could not conclusively determine whether petitioners are entitled to the award under the ZIP or ascertain if respondents are disqualified beneficiaries.

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JURISDICTION OVER PROVISIONAL REMEDIES:

     The Court which grants or issues a provisional remedy is the court which has jurisdiction over the main action. This includes an inferior court which may grant a provisional remedy in an action pending within its jurisdiction. The provisional remedy is applied for and granted by the court which has jurisdiction over the principal action.

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