Back

Porfirio Jopillo, Jr. vs. Court of Appeals, etal.

PORFIRIO JOPILLO, JR., petitioner, vs. HON. COURT OF APPEALS, HON. BALTAZAR R. DIZON, ARSENIO C. DE GUZMAN and RAYMOND LIM, respondents.

G.R. No. 76026 | 1988-11-09

D E C I S I O N


GANCAYCO, J.:

By this petition the Court is asked to resolve the question of whether or not a motion to discharge a writ of attachment should be granted upon presentation of evidence by the party whose property has been attached to show that the attachment is improper or irregular.

On October 18, 1985, private respondent Raymond Lim filed a complaint for the collection of a sum of money in the amount of about P100,000.00 with a prayer for preliminary attachment in the Regional Trial Court of Pasay City. It is alleged in the complaint that petitioner was, among others, guilty of fraud in contracting the obligation in...