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7.

Sun Life asked the court to order both banks to comply with the notice of
EMMANUEL C. OÑATE and ECON HOLDINGS CORPORATION, vs. HON. garnishment.
ZEUS C. ABROGAR, SUN LIFE ASSURANCE COMPANY OF CANADA G.R.
No. 107303 8. Hence, the instant petition for certiotari/ application for TRO.

Petitioners’ basic argument is that respondent Judge had acted with grave
abuse of discretion amounting to lack or in excess of jurisdiction in:
BRUNNER DEVELOPMENT CORPORATION, vs. HON. ZEUS C. ABROGAR,
and SUN LIFE ASSURANCE COMPANY OF CANADA G.R. No. 107491. (1) issuing ex parte the original and amended writs of
preliminary attachment and the corresponding notices of
garnishment and levy on attachment since the trial court
2 consolidated cases to. had not yet acquired jurisdiction over them; and
Petitioners: Oñate, Econ Holdings, and Brunner Dev Corp
Respondents: Judge Abrogar and Sun Life (2) allowing the examination of the bank records though no
notice was given to them.
FACTS
1. Respondent Sun Life filed a complaint forum of money with a prayer for a
Writ of Attachment against petitioners and one Diño. The RTC judge granted ISSUES:
the Writ of Attachment and the same was issued. 1. WON Sec. 10, Rule 57 of the ROC is not incompatible with RA 1405, as
amended, “An Act Prohibiting Disclosure or Inquiry Into, Deposits With Any
2. Upon Sun Life’s ex-parte motion, the trial court amended the writ of
Banking Institution and Providing Penalty Therefore” (petitioners never
attachment to reflect the alleged amount of the indebtedness.
brought this up, but the SC discussed this sa last portion super short lang) –
 That same day, Deputy Sheriff Flores, accompanied by a
representative of Sun Life, attempted to serve summons and a copy NOO. Sec. 10, Rule 57 of the ROC is not incompatible with RA 1405.
of the amended writ of attachment upon petitioners at their known
office address in Makati but the summons was not served because 2. WON respondent Judge had acted with grave abuse of discretion amounting
there was no responsible officer to receive the summons. to lack or in excess of jurisdiction in allowing the examination of the bank
records though no notice was given to them. - NO
3. Nonetheless, Sheriff Flores proceeded over a period of several days to serve
notices of garnishment upon several commercial banks and financial
institutions, and levied on attachment a condominium unit and a real RATIO:
property belonging to petitioner Oñate.
1. Section 10, Rule 57 is not incompatible with Republic Act No. 1405 Section 2
4. Petitioner ECON Holdings filed an “Urgent Motion to Discharge/Dissolve which provides an exception, which is, “in cases where the money
Writ of Attachment.”
deposited or invested is the subject matter of the litigation.” The
 That same day, Sun Life filed an ex-parte motion to examine the
books of accounts and ledgers of petitioner Brunner Corp. at examination of the bank records is not a fishing expedition, but rather a
the Urban Bank, Legaspi Village Branch, and to obtain copies method by which Sun Life could trace the proceeds of the check it paid to
thereof, which was granted by respondent Judge. petitioners.

5. The examination of said account took place on January 23, 1992. Petitioners Sec. 2 of RA 1405 provides:
filed a motion to nullify the proceedings taken thereat since they were not All deposits of whatever nature with banks or banking institutions
present. in the Philippines including investments in bonds issued by the
Government of the Philippines, its political subdivisions and its
6. ECON and their co-defendants filed a memorandum in support of the motion instrumentalities, are hereby considered as of an absolutely
to discharge attachment. confidential nature and may not be examined, inquired or looked
 That same day, Sun Life filed another motion for examination into by any person, government official, bureau or office, except upon
of bank accounts, this time, seeking the examination of
written permission of the depositor, or in cases of impeachment, or
Account No. 0041-0277-03 with BPI— which, incidentally,
petitioners claimed they did not own— and the records of PNB with upon order of a competent court in cases of bribery or dereliction of
regard to checks payable to Brunner. duty of public officials, or in cases where the money deposited or
invested is the subject matter of the litigation.
2. It is well-settled that a writ of preliminary attachment may be validly applied
for and granted even before the defendant is summoned or is heard from. A
preliminary attachment may be defined as the provisional remedy in virtue
of which a plaintiff or other proper party may, at the commencement of the
action or any time thereafter, have the property of the adverse party taken
into the custody of the court as security for the satisfaction of any judgment
that may be recovered. It is a remedy which is purely statutory in respect of
which the law requires a strict construction of the provisions granting it.
Withal no principle, statutory or jurisprudential, prohibits its issuance by
any court before acquisition of jurisdiction over the person of the defendant.

Notes:

Sec. 10, Rule 57 of the RoC provides:

Section 10. Examination of party whose property is attached and persons


indebted to him or controlling his property; delivery of property to sheriff. —
Any person owing debts to the party whose property is attached or having in
his possession or under his control any credit or other personal property
belonging to such party, may be required to attend before the court in which
the action is pending, or before a commissioner appointed by the court, and
be examined on oath respecting the same. The party whose property is
attached may also be required to attend for the purpose of giving information
respecting his property, and may be examined on oath. The court may, after
such examination, order personal property capable of manual delivery
belonging to him, in the possession of the person so required to attend before
the court, to be delivered to the clerk of the court or sheriff on such terms as
may be just, having reference to any lien thereon or claim against the same,
to await the judgment in the action.

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