Case Digest (G.R. No. 107303)
Facts:
Emmanuel C. Onate and Econ Holdings Corporation v. Hon. Zeus C. Abrogar, et al., G.R. Nos. 107303 and 107491, February 21, 1994, Supreme Court Second Division, Nocon, J., writing for the Court. Petitioners in G.R. No. 107303 are Emmanuel C. Onate and Econ Holdings Corporation; petitioner in G.R. No. 107491 is Brunner Development Corporation. Respondents are Hon. Zeus C. Abrogar, presiding judge of Branch 150, Regional Trial Court, Makati, and Sun Life Assurance Company of Canada (Sun Life). Noel L. Dino was an additional defendant in the underlying civil action.On December 23, 1991, Sun Life filed a complaint for sum of money with a prayer for an immediate writ of attachment (Civil Case No. 91-3506), which was raffled to Branch 150, RTC Makati. On December 24, 1991 the trial judge ordered the issuance of a writ of attachment; the writ was actually issued on December 27, 1991. On January 3, 1992, Sun Life moved ex parte to amend the writ to state the alleged amount due; the trial court granted the amendment that day.
Also on January 3, 1992, Deputy Sheriff Arturo C. Flores, accompanied by a Sun Life representative, attempted service of summons and of the amended writ at petitioners’ known office at 108 Aguirre St., Makati, but could not find a responsible officer to receive process. Despite the failed personal service, Sheriff Flores proceeded over several days to serve notices of garnishment on multiple banks and financial institutions, and levied a condominium unit and a real property owned by petitioner Onate.
Summons was later served on petitioners on January 9, 1992 (and on Dino on January 16, 1992). On January 21, 1992 petitioners moved to discharge/dissolve the writ. That same day Sun Life filed an ex parte motion to examine bank accounts and obtain copies of Brunner’s account records at Urban Bank, Legaspi Village, which the trial court permitted; the examination occurred on January 23, 1992 without petitioners’ presence. Petitioners moved to nullify those proceedings.
On January 30, 1992, parties filed memoranda; Sun Life filed additional motions to examine a Bank of the Philippine Islands (BPI) account and PNB records and to have the banks comply with garnishment notices. On February 6, 1992 the trial court denied petitioners’ motion to discharge the amended writ, approved Sun Life’s additional attachment bond, granted the BPI examination, and denied the motion to nullify the January 23 proceedings. Petitioners filed a motion for reconsideration on March 12, 1992, which respondent judge denied on September 6, 1992.
Petiti...(Pro-only)
Issues:
- Did the trial court commit grave abuse of discretion amounting to lack or excess of jurisdiction by issuing ex parte the original and amended writs of preliminary attachment before it had acquired jurisdiction over petitioners?
- Did the trial court err in permitting ex parte examinations of bank records and ordering garnishees to comply without givi...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)