Title
Supreme Court
Attachment of Defendant's Property in Criminal Cases
Law
Republic Act No. 240
Decision Date
Jun 12, 1948
Republic Act No. 240 allows the offended party in a criminal action to attach the defendant's property as security for any judgment, applicable in cases where the civil action for recovery of civil liability is not waived or reserved separately.

Law Summary

Grounds for Attachment of Defendant's Property

Attachment may be ordered in the following circumstances:

  • (a) When the defendant is about to leave the Philippines.
  • (b) When the criminal action involves a claim for money or property that has been embezzled, fraudulently misapplied or converted by the defendant, especially if the defendant holds a fiduciary position such as a public officer, corporate officer, attorney, factor, broker, agent, or clerk.
  • (c) When the defendant has concealed, removed, or disposed of personal property or is about to do so.
  • (d) When the defendant resides outside the Philippines.

Incorporation of Civil Attachment Rules

  • Attachment in criminal cases shall be governed, as much as applicable, by Sections 2 to 20 of Rule 59 of the Rules of Court, which pertains to attachment in civil actions.
  • These rules ensure procedural consistency and due process for attachment measures.

Effective Date

  • The Act takes effect immediately upon approval, ensuring its application from that date forward.

Analyze Cases Smarter, Faster
Jur is a legal research platform serving the Philippines with case digests and jurisprudence resources. AI digests are study aids only—use responsibly.