GR 43721; (June, 1935) (Digest)
G.R. No. 43721 ; June 15, 1935
ISIDRO TAN (alias TAN LIT), petitioner, vs. FRANCISCO ZANDUETA, Judge, of First Instance of Manila, and TIU CHAY (alias TAN KIA), respondents.
FACTS
Respondent Tiu Chay sued petitioner Isidro Tan in a civil case to recover half of a sweepstakes prize of P45,000, alleging they purchased the winning ticket with capital from their joint sari-sari store. The trial court granted Tiu Chay’s application for a writ of preliminary attachment upon filing a bond. Isidro Tan moved to dissolve the attachment and filed a P5,000 counter-bond, which the court accepted, allowing him to withdraw his attached bank deposit of P23,500. Later, the court ordered Tan to file an additional counter-bond. When he failed to comply, the court found him in contempt and ordered his confinement until he filed the bond or redeposited the money.
ISSUE
Whether the writ of certiorari is the proper remedy to assail (1) the issuance of the preliminary attachment, and (2) the contempt order leading to confinement.
RULING
The petition for certiorari is without merit. (1) The preliminary attachment was issued in strict conformity with law, as the complaint contained sufficient allegations (e.g., that Tan, as a depository or agent, appropriated the joint prize) to justify it under the rules. The trial judge also acted within his discretionary power under Section 441 of Act No. 190 in dissolving the original attachment upon Tan’s filing of a counter-bond. (2) The proper remedy to challenge the legality of the confinement for contempt is a writ of habeas corpus, not certiorari. The Court notes that the petitioner had already instituted a separate habeas corpus proceeding ( G.R. No. 43772 ), which was decided favorably on the same day. The petition is dismissed.
AI Generated by Armztrong.