Section 2.

Issuance and contents of

order. —ex parte or upon motion with action,
notice and hearing
and that the amount due to the
by the court in which the action is pending, applicant, or the value of the property
or by the Court of Appeals or the Supreme the possession of which he is entitled to
Court, recover,

and must require the sheriff of the court is as much as the sum for which the
to attach so much of the property in the order is granted above all legal
Philippines of the party against whom it is counterclaims.
issued, not exempt from execution, as
may be sufficient to satisfy the The affidavit, and the bond required by
applicant's demand, the next succeeding section, must be duly
filed with the court before the order
unless such party makes deposit or gives issues. (3a)
a bond
Section 4. Condition of applicant's bond.
in an amount equal to that fixed in —a.pay all the costs which may be
the order, which may be the adjudged to the adverse party and all
amount : damages which he may sustain by
reason of the attachment, if the court
a. sufficient to satisfy the shall finally adjudge that the applicant was
applicant's demand or not entitled thereto.

b. the value of the property to Section 5. Manner of attaching property.

be attached as stated by the —
applicant, exclusive of costs.
The sheriff enforcing the writ shall
Several writs may be issued at the
same time to the sheriffs of the courts of without delay and with all reasonable
different judicial regions. (2a) diligence attach,

to await judgment and execution in the

Section 3. Affidavit and bond required. — action,
An order of attachment shall be granted
only when it appears by the affidavit of only so much of the property in the
the Philippines of the party against whom the
writ is issued,
1.applicant, or of some other person who
personally knows the facts, not exempt from execution,

2.that a sufficient cause of action as may be sufficient to satisfy the

exists, applicant's demand,

3.that the case is one of those unless the former makes a deposit with
mentioned in section 1 hereof, that there the court from which the writ is issued, or
is gives a counter-bond executed to the
applicant, in an amount equal to the bond
4.no other sufficient security for the fixed by the court in the order of
claim sought to be enforced by the attachment or to the value of the property
to be attached, exclusive of costs. of the registry of deeds of the
province in the name of the party
No levy on attachment pursuant to the writ against whom attachment is
issued under section 2 hereof shall be issued, or not appearing at all
enforced: upon such records, or belonging to
the party against whom
unless it is preceded, or attachment is issued and held by
contemporaneously accompanied, by any other person, or standing on
service of summons, together with a the records of the registry of
copy of the complaint, the application deeds in the name of any other
for attachment the applicant's affidavit person, by filing with the registry
and bond, and the order and writ of of deeds a copy of the order,
attachment, on the defendant within the together with a description of the
Philippines. property attached, and a notice
that it is attached, or that such
real property and any interest
The requirement of prior or
therein held by or standing in
contemporaneous service of summons
the name of such other person
shall not apply where;
are attached, and by leaving a
copy of such order, description,
A. the summons could not be served and notice with the occupant of
personally or by substituted the property, if any, or with such
service despite diligent efforts, other person or his agent if found
B. or the defendant is a resident of the within the province. Where the
Philippines temporarily absent property has been brought under
therefrom, or the operation of either the Land
C. the defendant is a non-resident of Registration Act or the Property
the Philippines, Registration Decree,
D. or the action is one in rem or quasi
in rem. (5a)
The registrar of deeds must index
attachments filed .If the
Section 6. Sheriff's return. — After attachment is not claimed on
enforcing the writ, the sheriff must likewise the entire area of the land
without delay make a return thereon to the covered by the certificate of title, a
court from which the writ issued, with a full description sufficiently accurate
statement of his proceedings under the for the identification of the land or
writ and a complete inventory of the interest to be affected shall be
property attached, together with any included in the registration of such
counter-bond given by the party against attachment;
whom attachment is issued, and serve
copies thereof on the applicant. (6a)
(b) Personal property capable of
manual delivery,
Section 7. Attachment of real and
personal property; recording thereof. —
by taking and safely keeping it
in his custody, after issuing the
Real and personal property shall be corresponding receipt therefor.
attached by the sheriff executing the writ
in the following manner:
(c) Stocks or shares, or an
interest in stocks or shares, of any
(a) Real property, or growing corporation or company,
crops thereon, or any interest
therein, standing upon the record
 by leaving with the president or debts, credits and all other similar
managing agent thereof, a copy personal property. — All persons having in
of the writ, and a notice stating their possession or under their control any
that the stock or interest of the credits or other similar personal property
party against whom the belonging to the party against whom
attachment is issued is attached in attachment is issued, or owing any debts
pursuance of such writ; to him, at the time of service upon them of
the copy of the writ of attachment and
(d) Debts and credits, including notice as provided in the last preceding
bank deposits, financial interest, section, shall be liable to the applicant
royalties, commissions and other for the amount of such credits, debts
personal property not capable or other similar personal property, until
of manual delivery, the attachment is discharged, or any
judgment recovered by him is satisfied,
by leaving with the person owing
such debts, or having in his unless such property is delivered or
possession or under his control, transferred, or such debts are paid, to the
such credits or other personal clerk, sheriff, or other proper officer of the
property, or with his agent, a court issuing the attachment. (8a)
copy of the writ, and notice that
the debts owing by him to the Section 9. Effect of attachment of
party against whom attachment is interests in property belonging to the
issued, and the credits and other estate of a decedent. —
personal property in his
possession, or under his control, a.not impair the powers of the
belonging to said party, are executor, administrator, or other personal
attached in pursuance of such representative of the decedent over such
writ; property for the purpose of
administration.
(e) The interest of the party
against whom attachment is Such personal representative, however,
issued in property belonging to shall report the attachment to the court
the estate of the decedent, when any petition for distribution is
filed, and in the order made upon such
whether as heir, legatee, or petition, distribution may be awarded to
devisee, by serving the executor such heir, legatee or devisee, but the
or administrator or other property attached shall be ordered
personal representative of the delivered to the sheriff making the levy,
decedent with a copy of the writ subject to the claim of such heir,
and notice that said interest is legatee, or devisee, or any person
attached. claiming under him. (9a)

If the property sought to be attached is Section 10. Examination of party whose

in custodia legis, a copy of the writ of property is attached and persons indebted
attachment shall be filed with the to him or controlling his property; delivery
proper court or quasi-judicial agency, of property to sheriff. —
and notice of the attachment served
upon the custodian of such property. may be required to attend before the
(7a) court in which the action is pending, or
before a commissioner appointed by the
Section 8. Effect of attachment of court, and be examined on oath
respecting the same. to the value of that property as determined
by the court. In either case, the cash
for the purpose of giving information deposit or the counter-bond shall secure
respecting his property, and may be the payment of any judgment that the
examined on oath. The court may, after attaching party may recover in the action.
such examination, order personal property A notice of the deposit shall forthwith be
capable of manual delivery belonging to served on the attaching party.
him, in the possession of the person so
required to attend before the court, to be Upon the discharge of an attachment in
delivered to the clerk of the court or accordance with the provisions of this
sheriff on such terms as may be just, section, the property attached, or the
having reference to any lien thereon or proceeds of any sale thereof, shall be
claim against the same, to await the delivered to the party making the
judgment in the action. (10a) deposit or giving the counter-bond, or to
the person appearing on his behalf, the
Section 11. When attached property may deposit or counter-bond aforesaid
be sold after levy on attachment and standing in place of the property so
before entry of judgment. — released.

hearing with notice to both parties, Should such counter-bond for any
reason be found to be or become
property attached is perishable, or insufficient, and the party furnishing the
same fail to file an additional counter-
bond, the attaching party may apply for a
the interests of all the parties to the
new order of attachment. (12a)
action will be subserved by the sale
thereof, the court may order such property
to be sold at public auction in such Section 14. Proceedings where property
manner as it may direct, and the proceeds claimed by third person. —
of such sale to be deposited in court to
abide the judgment in the action. (11a) a. makes an affidavit of his title
thereto, or right to the
Section 12. Discharge of attachment possession thereof, stating the
upon giving counter-bond. — After a writ grounds of such right or title,
of attachment has been enforced, the
party whose property has been attached, b.and serves such affidavit upon the
or the person appearing on his behalf, sheriff while the latter has possession
may move for the discharge of the of the attached property, and a copy
attachment wholly or in part on the thereof upon the attaching party,
security given. The court shall, after due
notice and hearing, order the discharge of c.the sheriff shall not be bound to
the attachment if the movant makes a keep the property under attachment,
cash deposit, or files a counter-bond unless the attaching party or his
executed to the attaching party with the agent, on demand of the sheriff, shall
clerk of the court where the application is file a bond approved by the court to
made, in an amount equal to that fixed by indemnify the third-party claimant in a
the court in the order of attachment, sum not less than the value of the
exclusive of costs. property levied upon. In case of
disagreement as to such value, the
But if the attachment is sought to be same shall be decided by the court
discharged with respect to a particular issuing the writ of attachment.
property, the counter-bond shall be equal
 No claim for damages for the real or personal, as may be
taking or keeping of the property may necessary to satisfy the
be enforced against the bond unless balance, if enough for that
the action therefor is filed within one purpose remain in the sheriff's
hundred twenty (120) days from the hands, or in those the clerk of the
date of the filing of the bond. court;

The sheriff shall not be liable for (c) By collecting from all persons
damages for the taking or keeping of such having in their possession credits
property to any such third-party claimant, belonging to the judgment obligor,
if such bond shall be filed. or owing debts to the latter at the
time of the attachment of such
Nothing herein contained shall prevent credits or debts, the amount of
such claimant or any third person from such credits and debts as
vindicating his claim to the property, or determined by the court in the
prevent the attaching party from claiming action, and stated in the judgment,
damages against a third-party claimant and paying the proceeds of such
who filed a frivolous or plainly collection over to the judgment
spurious claim, in the same or a obligee.
separate action.
The sheriff shall forthwith make a
When the writ of attachment is issued in return in writing to the court of his
favor of the Republic of the Philippines, or proceedings under this section and furnish
any officer duly representing it, the filing of the parties with copies thereof. (15a)
such bond shall not be required, and in
case the sheriff is sued for damages as a Section 16. Balance due collected upon
result of the attachment, he shall be an execution; excess delivered to
represented by the Solicitor General, and judgment obligor. —
if held liable therefor, the actual damages
adjudged by the court shall be paid by the If after realizing upon all the property
National Treasurer out of the funds to be attached, including the proceeds of any
appropriated for the purpose. (14a) debts or credits collected, and applying
the proceeds to the satisfaction of the
Section 15. Satisfaction of judgment out judgment less the expenses of
of property attached, return of sheriff. — If proceedings upon the judgment any
judgment be recovered by the attaching balance shall remain due, the sheriff
party and execution issue thereon, the must proceed to collect such balance as
sheriff may cause the judgment to be upon ordinary execution. Whenever the
satisfied out of the property attached, if it judgment shall have been paid, the sheriff,
be sufficient for that purpose in the upon reasonable demand, must return to
following manner: the judgment obligor the attached
property remaining in his hands, and
(a) By paying to the judgment any proceeds of the sale of the
obligee the proceeds of all sales property attached not applied to the
of perishable or other property judgment.
sold in pursuance of the order of
the court, or so much as shall be Section 17. Recovery upon the counter-
necessary to satisfy the judgment; bond. —

(b) If any balance remains due, When the judgment has become
by selling so much of the property, executory, the surety or sureties on any
counter-bond given pursuant to the damages may be awarded only after
provisions of this Rule to secure the proper hearing and shall be included in
payment of the judgment shall become the judgment on the main case.
charged on such counter-bond and bound
to pay the judgment obligee upon demand If the judgment of the appellate court be
the amount due under the judgment, favorable to the party against whom the
which amount may be recovered from attachment was issued he must claim
such surety or sureties after notice and damages sustained during the pendency
summary hearing in the same action. of the appeal by filing an application in the
(17a) appellate court, with notice to the party in
whose favor the attachment was issued or
Section 18. Disposition of money his surety or sureties, before the judgment
deposited. — Where the party against of the appellate court becomes executory.
whom attachment had been issued has The appellate court may allow the
deposited money instead of giving application to be heard and decided by the
counter-bond, it shall be applied under the trial court.
direction of the court to the satisfaction of
any judgment rendered in favor of the Nothing herein contained shall prevent the
attaching party, and after satisfying the party against whom the attachment was
judgment the balance shall be refunded to issued from recovering in the same action
the depositor or his assignee. If the the damages awarded to him from any
judgment is in favor of the party against property of the attaching party not exempt
whom attachment was issued, the whole from execution should the bond or deposit
sum deposited must be refunded to him or given by the latter be insufficient or fail to
his assignee. (18a) fully satisfy the award. (20a)

Section 19. Disposition of attached

property where judgment is for party
against whom attachment was issued. —

If judgment be rendered against the

attaching party, all the proceeds of sales
and money collected or received by the
sheriff, under the order of attachment, and
all property attached remaining in any
such officer's hands, shall be delivered to
the party against whom attachment was
issued, and the order of attachment
discharged. (19a)

Section 20. Claim for damages on

account of improper, irregular or
excessive attachment. — An application
for damages on account of improper,
irregular or excessive attachment must be
filed before the trial or before appeal is
perfected or before the judgment becomes
executory, with due notice to the attaching
party and his surety or sureties setting
forth the facts showing his right to
damages and the amount thereof. Such