Case Summary (G.R. No. 82173)
Case Overview
- Court: Supreme Court of the Philippines
- Decision Date: September 28, 1988
- Petitioner: Edgar S. Asuncion
- Respondents: The Honorable Court of Appeals and Peninsula Natural Resources Corporation
Background of the Case
- The petitioner seeks to annul and set aside the decision and resolution of the Court of Appeals that reversed orders from the Regional Trial Court regarding a writ of attachment related to a loan.
- The initial complaint was filed on September 17, 1987, to collect a loan from the private respondent, Peninsula Natural Resources Corporation, supported by an affidavit alleging fraudulent conduct regarding the corporation's properties.
Issuance of Writ of Attachment
- The Regional Trial Court granted the petitioner's motion for a writ of preliminary attachment on September 24, 1987, after the petitioner posted a bond of P80,000.00.
- The writ was justified on grounds of potential fraudulent removal or concealment of properties by the private respondent.
Motion to Lift Attachment
- The private respondent subsequently filed a motion to lift the attachment, claiming no fraudulent intent existed, supported by an affidavit from a former board member, Leoncio Fonacier.
- The trial court denied the motion on November 4, 1987, and a subsequent motion for reconsideration was also denied on November 26, 1987.
Appeal to the Court of Appeals
- The private respondent filed a petition for certiorari in the Court of Appeals, which resulted in a decision on January 22, 1988, annulling the trial court's orders.
Supreme Court Decision
- The Supreme Court granted the petition, reversing the Court of Appeals' decision.
- The Court held that there was no grave abuse of discretion by the trial court in issuing the writ of attachment or in denying the motion to lift it.
Key Legal Principles
- Writ of Preliminary Attachment: Issued when there is a concern that a party may fraudulently dispose of their property to avoid creditor claims.
- Procedural Compliance: The private respondent failed to comply with necessary procedural requirements, such as providing a copy of the motion to lift the attachment to the petitioner, which undermined their position.
Counter-Attachment Bond
- The Court deemed the originally required counter-attachment bond of P301,935.41 excessive and modified it to P185,685.00, aligning it with the principal amount claimed by the petitioner.
Important Procedures and Requirements
- Motion for Reconsideration: The private respondent’s failure to provide the petitioner with a copy of their motion constituted a significant procedural lapse.
- Filing Requirements: The appeal to the Court of Appeals lacked certified copies of the trial court's orders, violating Section 1, Rule 65 of the Revised Rules of Court.
Key Takeaw
Case Syllabus (G.R. No. 82173)
Case Overview
- The case revolves around a petition for review on certiorari filed by Edgar S. Asuncion against the Court of Appeals and Peninsula Natural Resources Corporation.
- The petition seeks the annulment of the appellate court's decision which reversed the orders of the Regional Trial Court that issued a writ of preliminary attachment in favor of the petitioner.
- The case originated from a complaint filed by the petitioner on September 17, 1987, against Peninsula for the collection of a loan.
Factual Background
- The petitioner filed a complaint for the collection of a loan based on a promissory note executed by Peninsula, signed by its president, Lorenzo Palao.
- An application for the issuance of a writ of preliminary attachment was filed, supported by an affidavit from Elias B. Asuncion, the petitioner’s father and former chairman of Peninsula, alleging fraudulent removal of properties.
- The trial court granted the application for the writ of attachment on September 24, 1987, after the petitioner posted a bond of P80,000.00.
Procedural History
- Peninsula filed an unverified motion to lift the attachment on October 14, 1987, claiming the petitioner’s allegations were unfounded and provided an affidavit from Leoncio Fonacier, a former board member.
- The trial court denied the motion to lift the attachment on November 4, 1987, le