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Attachment


Section 2. Attachment

ATTACHMENT
It is a remedy afforded to the offended party to have the property
of the accused attached as security for the satisfaction of any
judgment that may be recovered from the accused.

CASES WHERE ATTACHMENT IS AVAILABLE:
1. When action for recovery is on a cause of
   action arising from law, contract, quasi-
   contract, delict, or quasi-delict and accused is
   about to abscond from the Philippines;
2. When the criminal action is based on a claim
   for money or property embezzled or
   fraudulently misapplied or converted to the use
   of the accused who is a public officer, or any
   officer of a corporation, or an attorney, factor,
   broker, agent, or clerk, in the course of his
   employment as such, or by any person in a
   fiduciary capacity, or for a willful violation of
   duty;
3. When the accused has concealed, removed or
   disposed of his property or is about to do so;
4. When action is against a party guilty of fraud in
   contracting the debt upon which action is
   brought, or in the performance of incurred
   obligation;
5. When action is against a party who removed or
   disposed of his property or is about to do so,
   with intent to defraud his creditors; and
6. When the accused resides outside the Philippines

Mindanao Savings, etc. vs CA, 172 SCRA 480 (1989)
No notice to the adverse party or hearing on the application is
necessary before a writ of preliminary attachment may issue.

This may be filed at the commencement of a criminal action or at
any time before entry of judgment as security for the satisfaction
of any judgment that may be recovered in the aforementioned cases.

Public prosecutor has the authority to apply for preliminary
attachment as may be necessary to protect the interest of the
offended party.

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Bigwas

I'm Bigwas, It is just an Alias. I have a degree in Criminology. I'm a blogger who loves to write about anything that cross my mind. I hope you learn something from my blog.

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