Question & AnswerQ&A (Republic Act No. 240)
The main purpose of Republic Act No. 240 is to provide for the attachment of the property of the defendant in criminal actions as security for the satisfaction of any judgment that may be recovered from the defendant.
The offended party may have the defendant's property attached at the commencement of a criminal action or at any time thereafter, provided that the civil action for the recovery of civil liability arising from the offense charged is not expressly waived or the right to institute such civil action separately is not reserved.
Rule 122-A is a new rule added to the Rules of Court by Republic Act No. 240, which governs the attachment of the defendant's property in criminal actions as security for civil liabilities arising from the offense charged.
Attachment may be allowed when (a) the defendant is about to depart from the Philippines; (b) the criminal action is based on claims involving embezzlement or fraudulent misapplication by public officers or persons in fiduciary capacities; (c) the defendant has concealed, removed, or disposed of personal property, or is about to do so; or (d) the defendant resides outside the Philippines.
No. Attachment cannot be executed if the civil action for recovery of civil liability is expressly waived or if the right to institute such civil action separately is reserved.
Sections two to twenty of Rule Fifty-nine of the Rules of Court, which govern attachment in civil actions, shall apply to attachments provided in this law as far as they are applicable.
Offenses involving claims for money or property embezzled, fraudulently misapplied, or converted by public officers, corporate officers, attorneys, factors, brokers, agents, clerks in their employment, or other persons in fiduciary capacities, or for willful violation of duty justify attachment.
Attachment refers to the legal process of seizing or legally restraining the defendant's property to secure the satisfaction of a judgment that may be recovered from the defendant in a criminal action.
Republic Act No. 240 took effect upon its approval on June 12, 1948.
Yes. One of the conditions for attachment is when the defendant resides outside the Philippines.