GR L 2309; (May, 1949) (Digest)
G.R. No. L-2309; May 28, 1949
LOPE SARREAL, petitioner, vs. SOTERO RODAS and FELIPE NATIVIDAD ET AL., respondents.
FACTS
Petitioner Lope Sarreal filed a complaint to recover a sum of money from two corporations: Material Distributors Inc., Wichita, Kansas (Wichita Distributors) and Material Distributors (Phil.) Inc. (Philippine Distributors). The court initially granted a preliminary attachment on properties of both defendants. Subsequently, Sarreal and Philippine Distributors entered into an agreement whereby the attachment would be lifted upon Philippine Distributors posting a P100,000 bond, which was done. Later, Sarreal, fearing the dissolution of Wichita Distributors, sought a new writ of attachment specifically against the properties of Wichita Distributors. Judge Sotero Rodas granted the writ, and the sheriff attached properties, which were substantially the same properties previously released under the bond. Philippine Distributors moved to dissolve this second attachment, claiming ownership and that it nullified the prior dissolution order. Judges Rodas and later Natividad granted the motion and cancelled the second attachment.
ISSUE
Did the respondent judges commit a grave abuse of discretion in cancelling the second writ of attachment?
RULING
No. The Supreme Court held that the respondent judges did not commit any grave abuse of discretion. The second attachment effectively nullified the court’s prior order dissolving the first attachment upon the posting of a bond by Philippine Distributors, which was a binding agreement. Having agreed to the release of the properties for consideration (the bond), Sarreal could not subsequently cause a new attachment of the same properties without returning the consideration or securing the other party’s consent. Furthermore, Philippine Distributors, having been awarded possession through the bond, was entitled to protection. The proper remedy for Sarreal was to attach other leviable properties of Wichita Distributors, not the same properties already released under a valid agreement and court order. The petition was denied.
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