G.R. No. 19594 ; November 17, 1922
RAMON FERNANDEZ and CARMEN GARCIA DE FERNANDEZ, petitioners, vs. Honorable CARLOS A. IMPERIAL, Judge of the Court of First Instance of Manila, and CARMEN BELANDO VIUDA DE ITURRALDE, respondents.

FACTS

The petitioners sought a writ of certiorari to quash an attachment issued against them in an action based on a promissory note for P12,000. The attachment was issued under the ground that the defendants committed fraud in contracting the debt. The complaint alleged that the defendants verbally promised to pay 7% annual interest on the loan but later denied such obligation, constituting fraud.

ISSUE

Whether the allegations in the complaint are sufficient to establish fraud in contracting the debt, justifying the issuance of the writ of attachment.

RULING

No. The allegations are insufficient to prove fraud in contracting the debt. A mere promise to pay interest and subsequent repudiation does not necessarily indicate fraudulent intent at the inception of the loan. The complaint did not allege that the loan was granted because of the interest promise, nor did it present facts showing fraudulent intent when the promise was made. The petition for certiorari is granted, the attachment is declared null and void, and the memorandum of attachment on the petitioners’ certificates of title is ordered cancelled.