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.