Digest of Provisions: Sections 1 – 20 Rule 57

Section 1. Grounds upon which attachment 2. incurring the obligation upon which the
may issue. — action is brought, or
3. in the performance thereof;
When to file:
1. At the commencement of the action or e. In an action against a party who
2. at any time before entry of judgment, 1. has removed or disposed of his
property, or
Who can file: 2. is about to do so,
1. a plaintiff or 3. with intent to defraud his creditors; or
2. any proper party
f. In an action against a party who
may have the property of the adverse party 1. does not reside and
attached as security for the satisfaction of any 2. is not found in the Philippines, or on
judgment that may be recovered in the whom summons may be served by
following cases: publication.

a. In an action for the recovery of a Section 2. Issuance and contents of order.

specified amount of money or damages, — An order of attachment may be issued
other than moral and exemplary, on a either
cause of action arising from law, contract, 1. ex parte or
quasi-contract, delict or quasi-delict 2. upon motion with notice and hearing
a. against a party who is about to
depart from the Philippines Who issues:
with
b. intent to defraud his creditors; 1. by the court in which the action is
pending, or
b. In an action for money or property 2. by the Court of Appeals or
embezzled or fraudulently misapplied or 3. the Supreme Court, and
converted to his own use by:
1. a public officer, or What is required of the sheriff:
2. an officer of a corporation, or must require the sheriff of the court to
3. an attorney, 1. attach so much of the property in the
4. factor, Philippines of the party against whom
5. broker, it is issued, not exempt from
6. agent, or execution,
7. clerk, 2. as may be sufficient to satisfy the
In what capacity committed: applicant's demand,
a. in the course of his employment as
such, or unless such party
b. by any other person in a fiduciary 1. makes deposit or
capacity, or 2. gives a bond as hereinafter provided
c. for a willful violation of duty; a. in an amount equal to that
fixed in the order, which may
c. In an action to recover the possession of be the amount sufficient to
property detained or converted, when the satisfy the applicant's demand
property, or any part thereof, has been: or
1. concealed, b. the value of the property to be
2. removed, or attached as stated by the
3. disposed of applicant, exclusive of costs.
to prevent its being found or taken by the
applicant or an authorized person; Several writs may be issued at the same time
to the sheriffs of the courts of different judicial
d. In an action against a party regions.
1. who has been guilty of a fraud in
contracting the debt or Section 3. Affidavit and bond required. —
An order of attachment shall be granted only
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1. when it appears by the affidavit of the 1. makes a deposit with the court from
applicant, or which the writ is issued, or
2. of some other person who personally 2. gives a counter-bond executed to the
knows the facts, applicant,

What the affidavit must state: In what amount:

1. that a sufficient cause of action exists, 1. in an amount equal to the bond fixed
2. that the case is one of those by the court in the order of attachment
mentioned in section 1 hereof, or
3. that there is no other sufficient security 2. to the value of the property to be
for the claim sought to be enforced by attached, exclusive of costs.
the action, and
4. that the amount due to the applicant, No levy on attachment pursuant to the writ
or the value of the property the issued under section 2 hereof shall be
possession of which he is entitled to enforced
recover, is as much as the sum for 1. unless it is preceded, or
which the order is granted above all 2. contemporaneously accompanied, by
legal counterclaims. service of summons,
3. together with a copy of the complaint,
When the affidavit and bond must be filed: the application for attachment the
The affidavit, and the bond required by the applicant's affidavit and bond, and
next succeeding section, must be duly filed 4. the order and writ of attachment, on
with the court before the order issues. the defendant within the Philippines.

Section 4. Condition of applicant's bond. — The requirement of prior or

The party applying for the order must contemporaneous service of summons
thereafter shall not apply
1. give a bond 1. where the summons could not be
2. executed to the adverse party served personally or by substituted
3. in the amount fixed by the court in its service despite diligent efforts, or
order granting the issuance of the writ, 2. the defendant is a resident of the
Philippines temporarily absent
conditioned that therefrom, or
1. the latter will pay all the costs which 3. the defendant is a non-resident of the
may be adjudged to the adverse party Philippines, or the action is one in rem
and or quasi in rem.
2. all damages which he may sustain by
reason of the attachment, if the court Section 6. Sheriff's return. — After enforcing
shall finally adjudge that the applicant the writ, the sheriff must likewise without delay
was not entitled thereto. 1. make a return thereon to the court
from which the writ issued,
Section 5. Manner of attaching property. — 2. with a full statement of his
The sheriff enforcing the writ shall proceedings under the writ and a
complete inventory of the property
without delay and with all reasonable diligence attached,
attach, to await judgment and execution in the 3. together with any counter-bond given
action: by the party against whom attachment
1. only so much of the property in the is issued, and
Philippines of the party against whom 4. serve copies thereof on the applicant.
the writ is issued, not exempt from
execution, Section 7. Attachment of real and personal
2. as may be sufficient to satisfy the property; recording thereof. — Real and
applicant's demand, personal property shall be attached by the
sheriff executing the writ in the following
unless the former [When attachment not manner:
made by sheriff]
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a. As to real property If the attachment is not claimed on the entire

1. Real property, or area of the land covered by the certificate of
2. growing crops thereon, or title, a description sufficiently accurate for the
3. any interest therein, identification of the land or interest to be
affected shall be included in the registration of
1. standing upon the record of the such attachment;
registry of deeds of the province in the
name of the party against whom (b) Personal property capable of manual
attachment is issued, or delivery,
2. not appearing at all upon such
records, or belonging to the party How attached:
against whom attachment is issued 1. by taking and safely keeping it in his
and held by any other person, or custody,
3. standing on the records of the registry 2. after issuing the corresponding receipt
of deeds in the name of any other therefor.
person,
(c) Stocks or shares, or an interest in
How attached: stocks or shares, of any corporation or
by filing with the registry of deeds company,
1. a copy of the order,
2. together with a description of the How attached:
property attached, and by leaving with the president or managing
3. a notice that it is attached, or agent thereof:
4. that such real property and any 1. a copy of the writ, and
interest therein held by or standing in 2. a notice stating that the stock or
the name of such other person are interest of the party against whom the
attached, and attachment is issued is attached in
5. by leaving a copy of such order, pursuance of such writ;
description, and notice with the
occupant of the property, if any, or (d) Debts and credits, including bank
with such other person or his agent if deposits, financial interest, royalties,
found within the province. commissions and other personal property
not capable of manual delivery
What the notice should contain if under the
Land Registration act How attached:
Where the property has been brought under by leaving with
the operation of either the Land Registration 1. the person owing such debts, or
Act or the Property Registration Decree, the 2. having in his possession or under his
notice shall contain: control, such credits or other personal
1. a reference to the number of the property, or
certificate of title, 3. his agent,
2. the volume and page in the
registration book where the certificate What should be left:
is registered, and 1. a copy of the writ, and
3. the registered owner or owners 2. notice that the debts owing by him to
thereof. the party against whom attachment is
issued, and
The registrar of deeds must index attachments 3. the credits and other personal property
filed under this section in the names of in his possession, or under his control,
1. the applicant, belonging to said party, are attached
2. the adverse party, or in pursuance of such writ;
3. the person by whom the property is
held or in whose name it stands in the (e) The interest of the party against whom
records. attachment is issued in property belonging
to the estate of the decedent, whether as
heir, legatee, or devisee,
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The attachment of the interest of

How attached: 1. an heir,
by serving the executor or administrator or 2. legatee, or
other personal representative of the decedent 3. devisee in the property belonging to
with the estate of a decedent
1. a copy of the writ and
2. notice that said interest is attached. shall not impair the powers of the executor,
3. A copy of said writ of attachment and administrator, or other personal representative
of said notice shall also be filed in the of the decedent over such property for the
office of the clerk of the court in which purpose of administration.
said estate is being settled and
4. served upon the heir, legatee or Such personal representative, however, shall
devisee concerned. report the attachment to the court when any
petition for distribution is filed, and in the order
If the property sought to be attached is in made upon such petition, distribution may be
custodia legis, awarded to such heir, legatee or devisee, but
1. a copy of the writ of attachment shall the property attached shall be ordered
be filed with the proper court or quasi- delivered to the sheriff making the levy, subject
judicial agency, and to the claim of such heir, legatee, or devisee,
2. notice of the attachment served upon or any person claiming under him.
the custodian of such property.
Section 10. Examination of party whose
Section 8. Effect of attachment of debts, property is attached and persons indebted
credits and all other similar personal to him or controlling his property; delivery
property. — of property to sheriff. —

All persons having in their possession or Any person

under their control 1. owing debts to the party whose
1. any credits or other similar personal property is attached or
property belonging to the party against 2. having in his possession or under his
whom attachment is issued, or control any credit or other personal
2. owing any debts to him, property belonging to such party,
3. at the time of service upon them of the
copy of the writ of attachment and may be required to attend
notice as provided in the last 1. before the court in which the action is
preceding section, pending, or
2. before a commissioner appointed by
shall be liable to the applicant for the the court, and
amount of such credits, debts or other be examined on oath respecting the same.
similar personal property, until the
attachment is The party whose property is attached may also
1. discharged, or be required to attend for the purpose of giving
2. any judgment recovered by him is information respecting his property, and may
satisfied, be examined on oath.

unless such property is The court may,

1. delivered or 1. after such examination,
2. transferred, or 2. order personal property capable of
3. such debts are paid, to the clerk, manual delivery belonging to him,
sheriff, or other proper officer of the 3. in the possession of the person so
court issuing the attachment. required to attend before the court,
4. to be delivered to the clerk of the court
Section 9. Effect of attachment of interests or sheriff
in property belonging to the estate of a 5. on such terms as may be just, having
decedent. — reference to any lien thereon or claim
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against the same, to await the In either case, the cash deposit or the counter-
judgment in the action. bond shall secure the payment of any
judgment that the attaching party may recover
Section 11. When attached property may in the action.
be sold after levy on attachment and before
entry of judgment. — A notice of the deposit shall forthwith be
served on the attaching party.
1. Whenever it shall be made to appear
to the court in which the action is Upon the discharge of an attachment in
pending, accordance with the provisions of this section,
2. upon hearing with notice to both 1. the property attached, or
parties, 2. the proceeds of any sale thereof,
3. that the property attached is
perishable, or shall be delivered to
4. that the interests of all the parties to 1. the party making the deposit or giving
the action will be subserved by the the counter-bond, or
sale thereof, 2. to the person appearing on his behalf,

the court may order such property to be sold at the deposit or counter-bond aforesaid standing
public auction in such manner as it may direct, in place of the property so released.
and the proceeds of such sale to be deposited
in court to abide the judgment in the action. Should such counter-bond for any reason be
found to be or become insufficient, and the
party furnishing the same fail to file an
Section 12. Discharge of attachment upon additional counter-bond, the attaching party
giving counter-bond. — may apply for a new order of attachment.

When to file for discharge: Section 13. Discharge of attachment on

After a writ of attachment has been enforced, other grounds. — The party whose property
has been ordered attached may file a motion
Who can file: with the court in which he action is pending,
1. the party whose property has been 1. before or
attached, or 2. after levy or
2. the person appearing on his behalf, 3. even after the release of the attached
property,
may move for the discharge of the attachment
wholly or in part on the security given. for an order to set aside or discharge the
attachment
The court shall, after due notice and
hearing, order the discharge of the on the ground that the same was
attachment: 1. improperly or
1. if the movant makes a cash deposit, or 2. irregularly issued or enforced, or
2. files a counter-bond executed to the 3. that the bond is insufficient.
attaching party with the clerk of the
court where the application is made, If the attachment is excessive, the discharge
3. in an amount equal to that fixed by the shall be limited to the excess.
court in the order of attachment,
exclusive of costs. If the motion be made on affidavits on the part
of the movant but not otherwise, the attaching
But if the attachment is sought to be party may oppose the motion by:
discharged with respect to a particular property 1. counter-affidavits or
2. other evidence in addition to that on
the counter-bond shall be equal to the value of which the attachment was made.
that property as determined by the court.
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After due notice and hearing, the court shall plainly spurious claim, in the same or a
order the setting aside or the corresponding separate action.
discharge of the attachment if it appears that:
1. it was improperly or irregularly issued When the writ of attachment is issued in
or enforced, or favor of
2. that the bond is insufficient, or 1. the Republic of the Philippines, or any
3. that the attachment is excessive, and 2. officer duly representing it,
the defect is not cured forthwith.
the filing of such bond shall not be required,
Section 14. Proceedings where property and in case the sheriff is sued for damages as
claimed by third person. — a result of the attachment, he shall be
represented by the Solicitor General, and if
1. If the property attached is claimed by held liable therefor, the actual damages
any person other than the party adjudged by the court shall be paid by the
against whom attachment had been National Treasurer out of the funds to be
issued or his agent, and appropriated for the purpose.
2. such person makes an affidavit of his
title thereto, or right to the possession Section 15. Satisfaction of judgment out of
thereof, property attached, return of sheriff. —
3. stating the grounds of such right or
title, and 1. If judgment be recovered by the
4. serves such affidavit upon the sheriff attaching party and
5. while the latter has possession of the 2. execution issue thereon,
attached property, and
6. a copy thereof upon the attaching the sheriff may cause the judgment to be
party, satisfied out of the property attached, if it be
sufficient for that purpose in the following
the sheriff shall not be bound to keep the manner:
property under attachment, unless the
attaching party or his agent, on demand of (a) By paying to the judgment obligee
the sheriff the proceeds of
1. shall file a bond approved by the court a. all sales of perishable or other
to indemnify the third-party claimant in property sold in pursuance of
2. a sum not less than the value of the the order of the court, or
property levied upon. b. so much as shall be
necessary to satisfy the
In case of disagreement as to such value, the judgment;
same shall be decided by the court issuing the
writ of attachment. (b) If any balance remains due,
a. by selling so much of the
No claim for damages for the taking or keeping property, real or personal, as
of the property may be enforced against the may be necessary to satisfy
bond unless the action therefor is filed within the balance,
one hundred twenty (120) days from the date b. if enough for that purpose
of the filing of the bond. remain in
i. the sheriff's hands, or
The sheriff shall not be liable for damages for ii. in those the clerk of
the taking or keeping of such property to any the court;
such third-party claimant, if such bond shall be
filed. (c) By collecting from all persons
having in their possession
Nothing herein contained shall prevent such a. credits belonging to the
claimant or any third person from vindicating judgment obligor, or
his claim to the property, or prevent the b. owing debts to the latter at the
attaching party from claiming damages against time of the attachment of such
a third-party claimant who filed a frivolous or credits or debts,
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the amount of such credits and debts as Section 18. Disposition of money
determined by the court in the action, and deposited. —
stated in the judgment, and Where the party against whom attachment had
been issued has deposited money instead of
paying the proceeds of such collection over to giving counter-bond,
the judgment obligee.
1. it shall be applied under the direction
The sheriff shall forthwith of the court to the satisfaction of any
1. make a return in writing to the court of judgment rendered in favor of the
his proceedings under this section and attaching party, and
2. furnish the parties with copies thereof. 2. after satisfying the judgment the
balance shall be refunded to the
Section 16. Balance due collected upon an depositor or his assignee.
execution; excess delivered to judgment 3. If the judgment is in favor of the
obligor. — party against whom attachment was
issued, the whole sum deposited
If after must be refunded to him or his
1. realizing upon all the property assignee.
attached, including the proceeds of
any debts or credits collected, and Section 19. Disposition of attached
2. applying the proceeds to the property where judgment is for party
satisfaction of the judgment less the against whom attachment was issued. —
expenses of proceedings upon the
judgment If judgment be rendered against the attaching
3. any balance shall remain due, party,
1. all the proceeds of sales and money
the sheriff must proceed to collect such collected or received by the sheriff,
balance as upon ordinary execution. under the order of attachment, and
2. all property attached remaining in any
Whenever the judgment shall have been paid, such officer's hands,
the sheriff, upon reasonable demand, must
return to the judgment obligor shall be delivered to the party against whom
1. the attached property remaining in his attachment was issued, and the order of
hands, and attachment discharged.
2. any proceeds of the sale of the
property attached not applied to the Section 20. Claim for damages on account
judgment. of improper, irregular or excessive
attachment. —
Section 17. Recovery upon the counter- An application for damages on account of
bond. — 1. improper,
2. irregular or
When the judgment has become executory, 3. excessive attachment
the surety or sureties on any counter-bond
given pursuant to the provisions of this Rule to When it must be filed:
secure the payment of the judgment 1. before the trial or
2. before appeal is perfected or
1. shall become charged on such 3. before the judgment becomes
counter-bond and executory
2. bound to pay the judgment obligee
3. upon demand the amount due under with due notice to the attaching party and his
the judgment, surety or sureties setting forth the facts
4. which amount may be recovered from showing his right to damages and the amount
such surety or sureties after notice thereof.
and summary hearing in the same
action. Such damages may be awarded
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1. only after proper hearing and

2. shall be included in the judgment on
the main case.

If the judgment of the appellate court be

favorable to the party against whom the
attachment was issued:
1. he must claim damages sustained
during the pendency of the appeal
2. by filing an application in the appellate
court,
3. with notice to the party in whose favor
the attachment was issued or his
surety or sureties,
4. before the judgment of the appellate
court becomes executory.
The appellate court may allow the application
to be heard and decided by the trial court.

Nothing herein contained shall prevent the

party against whom the attachment was issued
from recovering in the same action the
damages awarded to him from any property of
the attaching party not exempt from execution
should the bond or deposit given by the latter
be insufficient or fail to fully satisfy the award.