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All ▸ Bar 2024 ▸ REMEDIAL LAW, LEGAL AND JUDICIAL ETHICS ▸ III. CIVIL PROCEDURE (1997 Rules on Civil Procedure as amended by A.M. No. 19-10-20-SC) ▸ U. Provisional Remedies ▸ 1. Preliminary Attachment - Rule 57

Question

U. Provisional Remedies - Preliminary Attachment - Rule 57

Alejandro Loan Co. filed a complaint for collection of sum of money against XYZ Corporation for the payment of a loan. In order to secure the claim, Alejandro Loan Co. filed a motion for the issuance of a writ of preliminary attachment under Rule 57 of the Rules of Court. The court granted the motion and issued the writ of preliminary attachment.

Answer the following questions:

1. Enumerate the requisites for the issuance of a writ of preliminary attachment under Rule 57.

2. Assume that XYZ Corporation has filed a motion to dissolve the writ of preliminary attachment. Discuss the grounds for the dissolution of a writ of preliminary attachment.

3. In what instances may a defendant file a counterbond in order to dissolve a writ of preliminary attachment?



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Bar Review Question: U. Provisional Remedies - Preliminary Attachment - Rule 57