G.R. No. 102448 - Cuartero vs. Court of Appeals

On August 20, 1990, petitioner Ricardo Cuartero filed Civil Case No. Q-90-6471 in the Regional Trial Court (RTC) of Quezon City against spouses Roberto and Felicia Evangelista for recovery of P2,171,794.91 plus damages, praying for issuance of a writ of preliminary attachment.
On August 24, 1990, the RTC issued an ex parte order granting Cuartero’s prayer for preliminary attachment.

Pursuant to the August 24 order, the writ of preliminary attachment was formally issued on September 19, 1990, and the summons was prepared the same day.
On September 20, 1990, Deputy Sheriff Ernesto L. Sula simultaneously served upon the Evangelistas the writ of attachment, the order dated August 24, 1990, the summons, and the complaint; he then levied and attached their non-exempt properties sufficient to satisfy the plaintiff’s claimed principal amount.

The Evangelistas moved to set aside the August 24 order and discharge the attachment writ as irregular; the RTC denied this motion on October 4, 1990.
The Evangelistas filed a certiorari petition with the Court of Appeals (CA) questioning both the August 24 and October 4 orders and sought injunctive relief, which the CA initially denied (Resolution of October 31, 1990) but later, in a decision dated June 27, 1991, nullified the RTC orders and canceled the attachment writ; the CA denied Cuartero’s motion for reconsideration on October 22, 1991.

Whether the RTC acquired jurisdiction over the Evangelistas’ persons prior to issuing and executing the writ of preliminary attachment.

Whether an ex parte writ may validly issue as an ancillary remedy under Rule 57, even before service of summons or hearing.

Whether the Evangelistas’ issuance of postdated checks constituted fraud warranting attachment, and whether ex parte issuance violated due process.