Case Digest (G.R. No. 107303)
Facts:
In Emmanuel C. Onate and Econ Holdings Corporation (G.R. No. 107303) and Brunner Development Corporation (G.R. No. 107491) vs. Hon. Zeus C. Abrogar and Sun Life Assurance Company of Canada, decided February 23, 1995 under the 1987 Constitution, petitioners challenged orders of the Regional Trial Court of Makati (Branch 150) authorizing the levy on their properties under a writ of preliminary attachment and the examination of certain bank books. Sun Life had filed a complaint alleging that Onate and Brunner defrauded it in a treasury-bill transaction. Before summons was served on petitioners (Onate and Econ on January 9, 1992; Dino of Brunner on January 16, 1992), the sheriff levied notices of garnishment on various banks (PNB, Urban Bank, BPI, Union Bank) and attached real properties (Onate’s condominium unit and Alabang lot). Petitioners asserted these levies were void for lack of personal jurisdiction at the time of attachment and that subsequent service of summons could not cCase Digest (G.R. No. 107303)
Facts:
- Parties and Context
- Petitioners Emmanuel C. Onate and Econ Holdings Corporation (G.R. No. 107303) and Brunner Development Corporation (G.R. No. 107491) filed separate petitions for certiorari.
- Respondents are Hon. Zeus C. Abrogar, Presiding Judge of RTC Branch 150, Makati, and Sun Life Assurance Company of Canada.
- Procedural History
- The Second Division ruled that although attachment levies on petitioners’ properties were made before personal jurisdiction was acquired, subsequent service of summons cured the defect.
- The Third Division, in a related case, held that subsequent acquisition of jurisdiction does not validate a prior invalid attachment.
- The motions for reconsideration were referred to the Court en banc.
- Attachment Proceedings
- Garnishment notices and levies served before summons:
- January 2/3, 1992 – notice of garnishment on PNB Head Office and branches, and A.B. Capital.
- January 6, 1992 – garnishment on Urban Bank Head Office and branches, BPI; attachment on Onate’s condominium unit.
- January 7, 1992 – garnishment on Union Bank of the Philippines.
- January 8, 1992 – attachment on Onate’s lot in Ayala-Alabang.
- Summons and complaint served on petitioners:
- January 9, 1992 – service on Onate and Econ.
- January 16, 1992 – service on Dino (Brunner).
- Examination of Bank Records
- January 21, 1992 – order to examine Brunner’s accounts at Urban Bank, Legaspi Village branch.
- January 30, 1992 – order to examine Onate’s accounts at BPI and related PNB records.
Issues:
- Validity of Attachment
- Whether levies effected before acquisition of personal jurisdiction are valid.
- Whether subsequent service of summons cures an earlier invalid attachment.
- Examination of Bank Records
- Whether the court-ordered examination of petitioners’ bank books constituted an impermissible “fishing expedition.”
- Whether such examination is authorized under Rule 57, Section 10 or barred by R.A. 1405.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)