LSaF

Question

Remedial

Silverline Trading Corporation filed a complaint for collection of a sum of money against Global Imports, Inc. before the Regional Trial Court (RTC) of Makati City, claiming unpaid deliveries totaling ₱8,500,000.00. Together with the complaint, Silverline filed an application for preliminary attachment, alleging that Global Imports is guilty of fraud in contracting the debt by deliberately ordering goods without intention to pay. The RTC granted the application and issued a writ of preliminary attachment. Pursuant to the writ, the sheriff levied upon a warehouse owned by Global Imports with a fair market value of ₱12,000,000.00. Global Imports filed a motion to discharge the attachment on the ground that the attached property is excessive, arguing that the court should have limited the attachment to ₱8,500,000.00 worth of property. In the alternative, Global Imports offered to post a counterbond in the amount of ₱8,500,000.00 to discharge the attachment. Should the motion be granted? Explain your answer. (Bar 2026 Syllabus)

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