GR L 2949; (June, 1949) (Digest)
G.R. No. L-2949; June 24, 1949
ROBERT L. WEADOCK and JAMES T. WALKER, petitioners, vs. MACARIO OFILADA, Sheriff for the City of Manila, and BATANGAS BASE R. SURPLUS COMPANY, respondents.
FACTS
Petitioners Robert L. Weadock and James T. Walker filed a case in the Court of First Instance of Manila against Arthur H. Merritt and Insular Trades, Inc. for accounting of profits. The court issued a writ of preliminary attachment, and the sheriff attached personal property after petitioners posted a P150,000 bond. Subsequently, W.O. Merritt, on behalf of Batangas Base R. Surplus Company (an alleged California partnership not registered in the Philippines), filed a third-party claim over the attached property. The sheriff then required petitioners to post an additional bond of P551,425 (the claimed value) or else release the property. Petitioners opposed the third-party claim, arguing the supporting affidavit was insufficient, the valuation was excessive, and the claimant was not a juridical person in the Philippines. The court denied their opposition. Petitioners then filed an urgent petition in the Supreme Court to compel the sheriff to re-attach the property.
ISSUE
Whether the third-party claimant’s affidavit complied with the requirements of Section 14, Rule 59 of the Rules of Court to justify the sheriff’s demand for an additional bond and the release of the attached property.
RULING
No. The Supreme Court granted the petition. The third-party claimant’s affidavit merely stated the attached properties were purchased by defendant Insular Trades, Inc. using funds of Batangas Base R. Surplus Company, making them owned by the partnership. This allegation did not establish title to or a right of possession over the specific property as required by the rules. It suggested at best a creditor-debtor relationship, not ownership or a possessory lien. Therefore, the sheriff’s discharge of the attachment and release of the property were improper. The sheriff was ordered to retake and re-attach the property under the original writ and bond.
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