G.R. No. 93262 - Davao Light and Power Co., Inc. vs. Court of Appeals

On May 2, 1989, Davao Light & Power Co., Inc. (plaintiff) filed a verified complaint for recovery of money and damages against Queensland Hotel, Inc. and Teodorico Adarna (defendants) in Civil Case No. 19513-89, including an ex parte application for a writ of preliminary attachment.
On May 3, 1989, the Regional Trial Court of Davao City (Branch 8, Judge Nartatez) granted the ex parte application and fixed the attachment bond at ₱4,600,513.37.
On May 11, 1989, upon posting of the bond, the writ of preliminary attachment was issued.

On May 12, 1989, summons, complaint, writ of attachment and bond were served on the defendants, and the sheriff levied on their properties.
On September 6, 1989, defendants moved to discharge the attachment for lack of jurisdiction at the time of issuance.
On September 19, 1989, the Trial Court denied the motion to discharge.

Defendants obtained a writ of certiorari in the Court of Appeals, which on May 4, 1990 nullified the orders of May 3 and September 19, 1989, the writ of attachment of May 11, 1989, and ordered discharge of the attachment.
The Court of Appeals held that jurisdiction over the defendant’s person must precede ex parte issuance of a writ of attachment.
Davao Light petitioned for review before the Supreme Court, challenging the ruling that ex parte attachment before service of summons is void.

Whether a writ of preliminary attachment may be validly issued ex parte at the commencement of an action, before service of summons and acquisition of jurisdiction over the defendant’s person.
Whether levy under an ex parte writ of attachment is valid when preceded or accompanied by proper service of summons, complaint, order and attachment bond.