Execution, Satisfaction and Effect of Judgments (Rule 39)

When execution shall issue; Execution as a matter of right (Sec. 1)

1. Execution is a matter of right upon the expiration of the period to appeal and no appeal was
perfected from a judgment or order that disposes of the action or proceeding (Sec. 1, Rule 39). Once a
judgment becomes final and executory, the prevailing party can have it executed as a matter of
right, and the issuance of a writ of execution becomes the ministerial duty of the court. Once a
decision becomes final and executory, it is the ministerial duty of the presiding judge to issue a writ
of execution except in certain cases, as when subsequent events would render execution of
judgment unjust (Mangahas vs. Paredes, GR 157866, Feb. 14, 2007).
2. The above principles have been consistently applied. Thus, in a subsequent ruling the Court
declared: ”Once a judgment becomes final, it is basic that the prevailing party is entitled as a
matter of right to a writ of execution the issuance of which is the trial court’s ministerial duty,
compellable by mandamus” (Greater Metropolitan Manila Solid Waste Management Committee vs. Jancom Environmental Corp., GR 2163663, Jan. 30,
2006) .
3. Judgments and orders become final and executor by operation of law and not by judicial
declaration. The trial court need not even pronounce the finality of the order as the same becomes
final by operation of law. Its finality becomes a fact when the reglementary period for appeal
lapses, and no appeal is perfected within such period (Testate of Maria Manuel Vda. De Biascan, 374 SCRA 621; Vlason Enterprises
vs. CA, 310 SCRA 26) .

Discretionary execution (Sec. 2)

1. The concept of discretionary execution constitutes an exception to the general rule that a judgment
cannot be executed before the lapse of the period for appeal or during the pendency of an appeal.
Under Sec. 1, Rule 39, execution shall issue only as a matter of right upon a judgment or final
order that finally disposes of the action or proceeding upon the execution of the period to appeal
therefrom if no appeal has been duly perfected.
2. A discretionary execution is called “discretionary” precisely because it is not a matter of right. The
execution of a judgment under this concept is addressed to the discretionary power of the
court (Bangkok Bank Public Company Ltd. vs. Lee, GR 159806, Jan. 29, 2006). Unlike judgments that are final and executor, a
judgment subject to discretionary execution cannot be insisted upon but simply prayed and hoped
for because a discretionary execution is not a matter of right.
3. A discretionary execution like an execution pending appeal must be strictly construed because it is
an exception to the general rule. It is not meant to be availed of routinely because it applies only in
extraordinary circumstances. It should be interpreted only insofar as the language thereof fairly
 warrants, and all doubts should be resolved in favor of the general rule (Planters Products, Inc. vs. CA, GR 106052, Oct.

22, 1999) . Where the execution is not in conformity with the rules, the execution is null and void (Bangkok
Bank vs. Lee, supra.) .
4. Requisites for discretionary execution:
a. There must be a motion filed by the prevailing party with notice to the adverse party;
b. There must be a hearing of the motion for discretionary execution;
c. There must be good reasons to justify the discretionary execution; and
d. The good reasons must be stated in a special order (Sec. 2, Rule 39).

How a judgment is executed (Sec. 4)

1. Judgments in actions for injunction, receivership, accounting and support, and such other
judgments as are now or may hereafter be declared to be immediately executory, shall be
enforceable after their rendition and shall not be stayed by an appeal taken therefrom, unless
otherwise ordered by the trial court. on appeal therefrom, the appellate court in its discretion may
make an order suspending, modifying, restoring or granting the injunction, receivership,
accounting, or award of support. The stay of execution shall be upon such terms as to bond or
otherwise as may be considered proper for the security or protection of the rights of the adverse
party.
2. Judgments that may be altered or modified after becoming final and executory:
a. Facts and circumstances transpire which render its execution impossible or unjust;
b. Support;
c. Interlocutory judgment.

Execution by motion or by independent action (Sec. 6)

1. A final and executor judgment or order may be executed on motion within 5 years from the date of
its entry. After the lapse of such time, and before it is barred by the statute of limitations, a
judgment may be enforced by action. The revived judgment may also be enforced by motion within
5 years from the date of its entry and thereafter by action before it is barred by the statute of
limitations.

Issuance and contents of a writ of execution (Sec. 8)

1. The writ of execution shall: (i) issue in the name of the Republic of the Philippines from the court
which granted the motion; (ii) state the name of the court, the case number and title, the dispositive
part of the subject judgment or order; and (iii) require the sheriff or other proper officer to whom it is
directed to enforce the writ according to its term, in the manner hereinafter provided:
a. If the execution be against the property of the judgment obligor, to satisfy the judgment, with
interest, out of the real or personal property of such judgment obligor;
b. If it be against real or personal property in the hands of personal representatives, heirs, devisees,
legatees, tenants, or trustees of the judgment obligor, to satisfy the judgment, with interest, out of
such property;
c. If it be for the sale of real or personal property, to sell such property, describing it, and apply the
proceeds in conformity with the judgment, the material parts of which shall be recited in the writ of
execution;
d. If it be for the delivery of the possession of real or personal property, to deliver the possession of
the same, describing it, to the party entitled thereto, and to satisfy any costs, damages, rents, or
profits covered by the judgment out of the personal property of the person against whom it was
rendered, and if sufficient personal property cannot be found, then out of the real property; and
e. In all cases, the writ of execution shall specifically state the amount of the interest, costs, damages,
rents, or profits due as of the date of the issuance of the writ, aside from the principal obligation
under the judgment. For this purpose, the motion for execution shall specify the amounts of the
foregoing reliefs sought by the movants.

Execution of judgment for money (Sec. 9)

1. In executing a judgment for money, the sheriff shall follow the following steps:
a. Demand from the judgment obligor the immediate payment of the full amount stated in the
judgment including the lawful fees in cash, certified check payable to the judgment oblige or any
other form of payment acceptable to him (Sec. 9). In emphasizing this rule, the SC held that in the
execution of a money judgment, the sheriff is required to first make a demand on the obligor for the
immediate payment of the full amount stated in the writ of execution (Sibulo vs. San Jose, 474 SCRA 464).
b. If the judgment obligor cannot pay all or part of the obligation in cash, certified check or other mode
of payment, the officer shall levy upon the properties of the judgment obligor. The judgment obligor
shall have the option to choose which property or part thereof may be levied upon. If the judgment
obligor does not exercise the option, the officer shall first levy on the personal properties, if any,
and then on the real properties if the personal properties are insufficient to answer for the personal
judgment but the sheriff shall sell only so much of the property that is sufficient to satisfy the
judgment and lawful fees (Sec. 9[b]).
Execution of judgment for specific acts (Sec. 10)

1. If the judgment requires a person to perform a specific act, said act must be performed but if the
party fails to comply within the specified time, the court may direct the act to be done by someone
at the cost of the disobedient party and the act when so done shall have the effect as if done by the
party (Sec 10[a]). If the judgment directs a conveyance of real or personal property, and said property is
in the Philippines, the court in lieu of directing the conveyance thereof, may by an order divest the
title of any party and vest it in others, which shall have the force and effect of a conveyance
executed in due form of law (Sec. 10[a], Rule 39).

Execution of special judgments (Sec. 11)

1. When a judgment requires the performance of any act other than those mentioned in the two
preceding sections, a certified copy of the judgment shall be attached to the writ of execution and
shall be served by the officer upon the party against whom the same is rendered, or upon any
other person required thereby, or by law, to obey the same, and such party or person may be
punished for contempt if he disobeys such judgment.

Effect of levy on third persons (Sec. 12)

1. The levy on execution shall create a lien in favor of the judgment oblige over the right, title and
interest of the judgment obligor in such property at the time of the levy, subject to liens and
encumbrances then existing.

Properties exempt from execution (Sec. 13)

1. There are certain properties exempt from execution enumerated under Sec. 13, Rule 39:
a. The judgment obligor’s family home as provided by law, or the homestead in which he resides, and
the land necessarily used in connection therewith;
b. Ordinary tools and implements personally used by him in his trade, employment, or livelihood;
c. Three horses, or three cows, or three carabaos, or other beasts of burden, such as the judgment
obligor may select necessarily used by him in his ordinary occupation;
d. His necessary clothing and articles for ordinary personal use, excluding jewelry;
e. Household furniture and utensils necessary for housekeeping, and used for that purpose by the
judgment obligor and his family, such as the judgment obligor may select, of a value not exceeding
100,000 pesos.
f. Provisions for individual or family use sufficient for four months;
g. The professional libraries and equipment of judges, lawyers, physicians, pharmacists, dentists,
engineers, surveyors, clergymen, teachers, and other professionals, not exceeding 300,000 pesos;
h. One fishing boat and accessories not exceeding the total value of 100,000 pesos owned by a
fisherman and by the lawful use of which he earns his livelihood;
i. So much of the salaries, wages, or earnings of the judgment obligor for his personal services with
4 months preceding the levy as are necessary for the support of his family;
j. Lettered gravestones;
k. Monies, benefits, privileges, or annuities accruing or in any manner growing out of any life
insurance;
l. The right to receive legal support, or money or property obtained as such support, or any pension
or gratuity from the government; and
m. Properties specially exempted by law (Sec. 13, Rule 39).

Proceedings where property is claimed by third persons (Sec. 16)

1. If the property levied on is claimed by any person other than the judgment obligor or his agent, and
such person makes an affidavit of his title thereto or right to the possession thereof, stating the
grounds of such right or title, and serves the same upon the officer making the levy and a copy
thereof upon the judgment obligee, the officer shall not be bound to keep the property, unless such
judgment obligee, on demand of the officer, files a bond approved by the court to indemnify the
third-party claimant in a sum not less than the value of the property levied on. In case of
disagreement as to such value, the same shall be determined by the court issuing the writ of
execution. No claim for damages for the taking or keeping of the property may be enforced against
the bond unless the action therefor is filed within one hundred twenty (120) days from the date of
the filing of the bond.
The officer shall not be liable for damages for the taking or keeping of the property, to any third-party
claimant if such bond is filed. Nothing herein contained shall prevent such claimant or any third person
from vindicating his claim to the property in a separate action, or prevent the judgment obligee from
claiming damages in the same or a separate action against a third-party claimant who filed a frivolous or
plainly spurious claim.
When the writ of execution is issued in favor of the Republic of the Philippines, or any officer duly
representing it, the filing of such bond shall not be required, and in case the sheriff or levying officer is
sued for damages as a result of the levy, he shall be represented by the Solicitor General and if held liable
therefor, the actual damages adjudged by the court shall be paid by the National Treasurer out of such
funds as may be appropriated for the purpose.
2. Requisites for a claim by a third person:
a. The property is levied;
b. The claimant is a person other than the judgment obligor or his agent;
c. Makes an affidavit of his title thereto or right to the possession thereof stating the grounds of such
right or title; and
d. Serves the same upon the officer making the levy and the judgment obligee.

Examination of judgments obligor when judgment is unsatisfied (Sec. 36)

1. When the return of a writ of execution issued against property of a judgment obligor, or any one of
several obligors in the same judgment, shows that the judgment remains unsatisfied, in whole or in
part, the judgment obligee, at any time after such return is made, shall be entitled to an order from
the court which rendered the said judgment, requiring such judgment obligor to appear and be
examined concerning his property and income before such court or before a commissioner
appointed by it, at a specified time and place; and proceedings may thereupon be had for the
application of the property and income of the judgment obligor towards the satisfaction of the
judgment. But no judgment obligor shall be so required to appear before a court or commissioner
outside the province or city in which such obligor resides or is found.

Examination of obligor of judgment obligor (Sec. 37)

1. When the return of a writ of execution against the property of a judgment obligor shows that the
judgment remains unsatisfied, in whole or in part, and upon proof to the satisfaction of the court
which issued the writ, that person, corporation, or other juridical entity has property of such
judgment obligor or is indebted to him, the court may, by an order, require such person,
corporation, or other juridical entity, or any officer or member thereof, to appear before the court or
a commissioner appointed by it, at a time and place within the province or city where such debtor
resides or is found, and be examined concerning the same. The service of the order shall bind all
credits due the judgment obligor and all money and property of the judgment obligor in the
possession or in control of such person, corporation, or juridical entity from the time of service; and
the court may also require notice of such proceedings to be given to any party to the action in such
manner as it may deem proper.
Effect of judgment or final orders (Sec. 47)

1. In case of a judgment or final order against a specific thing, or in respect to the probate of a will, or
the administration of the estate of a deceased person, or in respect to the personal, political, or
legal condition or status of a particular person or his relationship to another, the judgment or final
order is conclusive upon the title to the thing, the will or administration, or the condition, status or
relationship of the person; however, the probate of a will or granting of letters of administration
shall only be prima facie evidence of the truth of the testator or intestate;
2. In other cases, the judgment or final order is, with respect to the matter directly adjudged or as to
any other matter that could have been raised in relation thereto, conclusive between the parties
and their successors in interest by title subsequent to the commencement of the action or special
proceeding, litigating for the same thing and under the same title and in the same capacity; and
3. In any other litigation between the same parties or their successors in interest, that only is deemed
to have been adjudged in a former judgment or final order which appears upon its face to have
been so adjudged, or which was actually and necessarily included therein or necessary thereto.

Enforcement and effect of foreign judgments or final orders (Sec. 48)

1. In case of a judgment or final order upon a specific thing, the judgment or final order is conclusive
upon the title to the thing; and
2. In case of a judgment or final order against a person, the judgment or final order is presumptive
evidence of a right as between the parties and their successors in interest by a subsequent title. In
either case, the judgment or final order may be repelled by evidence of a want of jurisdiction, want
of notice to the party, collusion, fraud, or clear mistake of law or fact.

Provisional Remedies (Rules 57-61)

Nature of provisional remedies

1. Provisional remedies are temporary, auxiliary, and ancillary remedies available to a litigant for the
protection and preservation of his rights while the main action is pending. They are writs and
processes which are not main actions and they presuppose the existence of a principal action.
2. Provisional remedies are resorted to by litigants for any of the following reasons:
a. To preserve or protect their rights or interests while the main action is pending;
b. To secure the judgment;
c. To preserve the status quo; or
d. To preserve the subject matter of the action.
3. Provisional remedies specified under the rules are:
a. Preliminary attachment (Rule 57);
b. Preliminary injunction (Rule 58);
c. Receivership (Rule 59);
d. Replevin (Rule 60); and
e. Support pendent lite (Rule 61).

Jurisdiction over provisional remedies

1. The courts which grants or issues a provisional remedy is the court which has jurisdiction over the
main action. Even an inferior court may grant a provisional remedy in an action pending with it and
within its jurisdiction.

Preliminary Attachment (Rule 57)

1. Preliminary attachment is a provisional remedy issued upon order of the court where an action is
pending to be levied upon the property of the defendant so the property may be held by the sheriff
as security for the satisfaction of whatever judgment may be rendered in the case (Davao Light and Power, Inc.

vs. CA, 204 SCRA 343) .

2. When availed of and is granted in an action purely in personam, it converts the action to one that is quasi in
rem . In an action in rem or quasi in rem, jurisdiction over the res is sufficient. Jurisdiction over the person of
the defendant is not required (Villareal vs. CA, 295 SCRA 511).
3. Preliminary attachment is designed to:
a. Seize the property of the debtor before final judgment and put the same in custodial egis even while the
action is pending for the satisfaction of a later judgment (Insular Bank of Asia and America vs. CA, 190 SCRA 629);
b. To enable the court to acquire jurisdiction over the res or the property subject of the action in cases
where service in person or any other service to acquire jurisdiction over the defendant cannot be
affected.
4. Preliminary attachment has three types:
a. Preliminary attachment – one issued at the commencement of the action or at any time before entry
of judgment as security for the satisfaction of any judgment that may be recovered. Here the court
takes custody of the property of the party against whom attachment is directed.
b. Garnishment – plaintiff seeks to subject either the property of defendant in the hands of a third
person (garnishee) to his claim or the money which said third person owes the defendant.
Garnishment does not involve actual seizure of property which remains in the hands of the
garnishee. It simply impounds the property in the garnishee’s possession and maintains the status

quo until the main action is finally decided. Garnishment proceedings are usually directed against
personal property, tangible or intangible and whether capable of manual delivery or not.
c. Levy on execution – writ issued by the court after judgment by which the property of the judgment
obligor is taken into custody of the court before the sale of the property on execution for the
satisfaction of a final judgment. It is the preliminary step to the sale on execution of the property of
the judgment debtor.
5. The grant of the remedy is addressed to the discretion of the court whether or not the application
shall be given full credit is discretionary upon the court. in determining the propriety of the grant,
the court also considers the principal case upon which the provisional remedy depends.

Grounds for issuance of writ of attachment

1. At the commencement of the action or at any time before entry of judgment, a plaintiff or any
proper party may have the property of the adverse party attached as security for the satisfaction of
any judgment that may be recovered in the following cases:
a. In an action for the recovery of a specified amount of money or damages, other than moral and
exemplary, on a cause of action arising from law, contract, quasi-contract, delict or quasi-delict
against a party who is about to depart from the Philippines with intent to defraud his creditors;
b. In an action for money or property embezzled or fraudulently misapplied or converted to his own
use by a public officer, or an officer of a corporation, or an attorney, factor, broker, agent or clerk, in
the course of his employment as such, or by any other person in a fiduciary capacity, or for a willful
violation of duty;
c. In an action to recover the possession of property unjustly or fraudulently taken, detained or
converted, when the property, or any party thereof, has been concealed, removed, or disposed of
to prevent its being found or taken by the applicant or an authorized person;
d. In an action against a party who has been guilty of a fraud in contracting the debt or incurring the
obligation upon which the action the action is brought, or in the performance thereof;
e. In an action against a party who has removed or disposed of his property, or is about to do so, with
intent to defraud his creditors; or
f. In an action against a party who does not reside and is not found in the Philippines, or on whom
summons may be served by publication (Sec. 1).
Requisites

1. The issuance of an order/writ of execution requires the following:

a. The case must be any of those where preliminary attachment is proper;
b. The applicant must file a motion (ex parte or with notice and hearing);
c. The applicant must show by affidavit (under oath) that there is no sufficient security for the claim
sought to be enforced; that the amount claimed in the action is as much as the sum of which the
order is granted above all counterclaims; and
d. The applicant must post a bond executed to the adverse party. This is called an attachment bond,
which answers for all damages incurred by the party against whom the attachment was issued and
sustained by him by reason of the attachment (Carlos vs. Sandoval, 471 SCRA 266).

Issuance and contents of order of attachment; affidavit and bond

1. An order of attachment may be issued either ex parte or upon motion with notice and hearing by the
court in which the action is pending, or by the CA or the SC, and must require the sheriff of the
court to attach so much of the property in the Philippines of the party against whom it is issued, not
exempt from execution, as may be sufficient to satisfy the applicant’s demand, unless such party
makes deposit or gives a bond in an amount equal to that fixed in the order, which may be the
amount sufficient to satisfy the applicant’s demand or the value of the property to be attached as
stated by the applicant, exclusive of costs. Several writs may be issued at the same time to the
sheriffs of the courts of different judicial regions (Sec. 2).
2. An order of attachment shall be granted only when it appears by the affidavit of the applicant, or of
some other person who personally knows the facts, that a sufficient cause of action exists, that the
case is one of those mentioned in Section1, that there is no other sufficient security for the claim
sought to be enforced by the action, and that the amount due to the applicant, or the value of the
property the possession of which he is entitled to recover, is as much as the sum for which the
order is granted above all legal counterclaims. The affidavit, and the bond must be filed with the
court before the order issues (Sec. 3).

Rule on prior or contemporaneous service of summons

1. No levy on attachment pursuant to the writ of preliminary attachment shall be enforced unless it is
preceded, or contemporaneously accompanied, by the service of summons, together with a copy
 of the complaint, the application for attachment, the applicant’s affidavit and bond, and the order
and writ of attachment, on the defendant within the Philippines.
2. The requirement of prior or contemporaneous service of summons shall not apply in the following
instances:
a. Where the summons could not be served personally or by substituted service despite diligent
efforts;
b. The defendant is a resident of the Philippines who is temporarily out of the country;
c. The defendant is a non-resident; or
d. The action is one in rem or quasi in rem(Sec. 5).

Manner of attaching real and personal property; when property attached is claimed by third

person

Sec. 7. Attachment of real and personal property; recording thereof. – Real and personal property shall be attached by the sheriff
executing the writ in the following manner:
(a) Real property, or growing crops thereon, or any interest therein, standing upon the record of the
registry of deeds of the province in the name of the party against whom attachment is issued, or not
appearing at all upon such records, or belonging to the party against whom attachment is issued and held
by any other person, or standing on the records of the registry of deeds in the name of any other person,
by filing with the registry of deeds a copy of the order, together with a description of the property attached,
and a notice that it is attached, or that such real property and any interest therein held by or standing in
the name of such other person are attached, and by leaving a copy of such order, description, and notice
with the occupant of the property, if any, or with such other person or his agent if found within the
province. Where the property has been brought under the operation of either the Land Registration Act or
the Property Registration Decree, the notice shall contain a reference to the number of the certificate of
title, the volume and page in the registration book where the certificate is registered, and the registered
owner or owners thereof.
The registrar of deeds must index attachments filed under this section in the names of the applicant, the
adverse party, or the person by whom the property is held or in whose name it stands in the records. If the
attachment is not claimed on the entire area of the land covered by the certificate of title, a description
sufficiently accurate for the identification of the land or interest to be affected shall be included in the
registration of such attachment;
(b) Personal property capable of manual delivery, by taking and safely keeping it in his custody, after
issuing the corresponding receipt therefor;
(c) Stocks or shares, or an interest in stocks or shares, of any corporation or company, by leaving with the
president or managing agent thereof, a copy of the writ, and a notice stating that the stock or interest of
the party against whom the attachment is issued is attached in pursuance of such writ;
(d) Debts and credits, including bank deposits, financial interest, royalties, commissions and other
personal property not capable of manual delivery, by leaving with the person owing such debts, or having
in his possession or under his control, such credits or other personal property, or with his agent, a copy of
the writ, and notice that the debts owing by him to the party against whom attachment is issued, and the
credits and other personal property in his possession, or under his control, belonging to said party, are
attached in pursuance of such writ;
(e) The interest of the party against whom attachment is issued in property belonging to the estate of the
decedent, whether as heir, legatee, or devisee, by serving the executor or administrator or other personal
representative of the decedent with a copy of the writ and notice that said interest is attached. A copy of
said writ of attachment and of said notice shall also be filed in the office of the clerk of the court in which
said estate is being settled and served upon the heir, legatee or devisee concerned.
If the property sought to be attached is in custodia legis, a copy of the writ of attachment shall be filed with the
proper court or quasi-judicial agency, and notice of the attachment served upon the custodian of such
property.

1. Certain remedies available to a third person not party to the action but whose property is the
subject of execution:
a. Terceria – by making an affidavit of his title thereto or his right to possession thereof, stating the
grounds of such right or title. The affidavit must be served upon the sheriff and the attaching
party (Sec. 14). Upon service of the affidavit upon him, the sheriff shall not be bound to keep the
property under attachment except if the attaching party files a bond approved by the court. the
sheriff shall not be liable for damages for the taking or keeping of the property, if such bond shall
be filed.
b. Exclusion or release of property – Upon application of the third person through a motion to set
aside the levy on attachment, the court shall order a summary hearing for the purpose of
determining whether the sheriff has acted rightly or wrongly in the performance of his duties in the
execution of the writ of attachment. The court may order the sheriff to release the property from the
erroneous levy and to return the same to the third person. In resolving the application, the court
cannot pass upon the question of title to the property with any character of finality but only insofar
as may be necessary to decide if the sheriff has acted correctly or not (Ching vs. CA, 423 SCRA 356).
c. Intervention – this is possible because no judgment has yet been rendered and under the rules, a
motion for intervention may be filed any time before the rendition of the judgment by the trial
court (Sec. 2, Rule 19).
d. Accion Reivindicatoria – The third party claimant is not precluded by Sec. 14, Rule 57 from
vindicating his claim to the property in the same or in a separate action. He may file a separate
action to nullify the levy with damages resulting from the unlawful levy and seizure. This action may
be a totally distinct action from the former case.
Discharge of attachment and the counter-bond

1. If the attachment has already been enforced, the party whose property has been attached may file
a motion to discharge the attachment. This motion shall be with notice and hearing. After due
notice and hearing, the court shall discharge the attachment if the movants makes a cash deposit
or files a counter-bond executed to the attaching party with the clerk of court where the application
is made in an amount equal to that fixed by the court in the order of attachment, exclusive of costs.
Counter-bonds are replacements of the property formerly attached, and just as the latter, may be
levied upon after final judgment. Note that the mere posting of counterbond does not automatically
discharge the writ of attachment. It is only after the hearing and after the judge has ordered the
discharge of attachment that the same is properly discharged (Sec. 12).
2. Attachment may likewise be discharged without the need for filing of a counter-bond. This is
possible when the party whose property has been attached files a motion to set aside or discharge
the attachment and during the hearing of the motion, he proves that:
a. The attachment was improperly or irregularly issued or enforced; or
b. The bond of the attaching creditor is insufficient; or
c. The attachment is excessive and must be discharged as to the excess (Sec. 13); or
d. The property is exempt from execution, and as such is also exempt from preliminary
attachment (Sec. 2).