Attachment of Property in Legal Cases

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What is the liability of the person in possession of corporate property subject to a permanent/final injunction?

Damages

Distinguish the Main Action for Injunction from the Provisional Remedy of Injunction.

Main Action for Injunction seeks a final injunction, while the Provisional Remedy of Injunction only seeks to prevent immediate harm.

When is a Preliminary Injunction granted?

When there is a substantial controversy between the parties and one of them is committing an act that will cause irreparable injury.

What kind of injunction is issued after trial on the merits?

Permanent injunction Signup and view all the answers

What does a Main Action for Injunction determine?

The merits of the case and the controverted facts Signup and view all the answers

In what situation is a Preliminary Injunction usually granted?

When one party is committing or threatening an act that will cause irreparable harm. Signup and view all the answers

What are the grounds upon which attachment may issue according to Section 1 of the text?

In an action for the recovery of a specified amount of money or damages, embezzlement, or fraudulent conversion of property, and to recover possession of property unjustly taken. Signup and view all the answers

In what situation can a plaintiff have the property of the adverse party attached as security?

When the adverse party is about to depart from the Philippines with intent to defraud creditors. Signup and view all the answers

Which individuals or entities can attachment be issued against for embezzlement or fraudulent misapplication of money or property?

Public officers, officers of a corporation, attorneys, factors, brokers, agents, clerks, or any person in a fiduciary capacity. Signup and view all the answers

What type of action justifies the attachment of property when the property has been concealed, removed, or disposed of to prevent its recovery?

An action to recover possession of property unjustly or fraudulently taken, detained, or converted. Signup and view all the answers

What is the main characteristic of a quasi in rem action?

The attachment is directed not only to the person but also to the property itself. Signup and view all the answers

Explain why attachment in quasi in rem actions is considered to be quasi in rem.

Because while the main cause of action is directed at the person, there is an attachment against a sum of money or property. Signup and view all the answers

When can a writ and order of attachment be issued ex-parte?

Only at the commencement of the action. Signup and view all the answers

Is attachment available in criminal cases?

Yes, in accordance with Rule 127. Signup and view all the answers

When should the remedy of attachment be availed?

At the commencement of the action. Signup and view all the answers

Is Rule 57 applicable to criminal actions for provisional remedies?

Yes. Signup and view all the answers

What does Sec. 1 of Rule 127 provide?

Suppletory character on the rules of Ordinary Civil Actions regarding provisional remedies. Signup and view all the answers

What is the purpose of attachment, injunction, and replevin in civil actions?

To protect property during the pendency of the action. Signup and view all the answers