Silangan Textile Manufacturing Corporation v Hon. Demetria

SILANGAN TEXTILE MANUFACTURING CORPORATION versus HON. AVELINO G. DEMETRIA G.R. No. 166719. March 12 2!!7 CHICO"NA#ARIO  J .$ .$ FACTS$

Luzon Spinning Mills, Incorporated (LSMI) filed before the Regional Trial Trial Court Court (RTC (RTC)) of Lipa Lipa City, City, a Compla Complaint int for Collec Collectio tion n of Sum of  Money against Silangan Tetile Manufacturing Corporation (STMC)! In its Compla Complaint int,, LSMI LSMI allege alleged d that that "nita "nita,, #immy #immy and $enito $enito,, all surnam surnamed ed Silangan, in their capacity as stoc%holders and officers of STMC ordered &&&,&'&!' %ilograms of yarn, alued in the total amount of *+,+ *+,+++ ++, ,-. -.! !! ! The The yarns yarns /ere /ere deli delie ere red d at the the offi office ce of STMC STMC as eidenced by deliery receipts!

0hen presented for payment, the foregoing postdated chec%s /ere dishonored for the reason, 1ra/n "gainst Insufficient 2und (1"I2)! LSMI demanded from STMC the immediate payment of the obligation! STMC failed and refused to heed the demand of LSMI3 hence, the latter filed the Complaint before the RTC! In accordance /ith the prayer of LSMI, and finding the same to be sufficient in form and substance, the RTC issued a /rit /rit of prel prelim imin inar ary y atta attach chme ment nt agai agains nstt STMC STMCss prop proper erti ties es!! In this this connection, a notice of attachment on the properties in the name of STMC coered by Transfer Certificates of Title 4o! 55'' and 4o! 55'. /as issued!

"ppa "ppare rent ntly ly,, LSMI LSMI had had alre alread ady y pre preio ious usly ly inst instit itut uted ed befo before re the the Municipal Trial Court (MTC) of Lipa City, $ranch &, criminal cases against the Silang Silangans ans for iolat iolation ion of $atas* $atas*amb ambans ansaa $lg! $lg! 55! Thus, Thus, STMC STMC /as  prompted to file a Motion, praying to dismiss the ciil Complaint before the RTC, to cite cite STMCs STMCs la/y la/yer er for for cont contem empt pt for for forum forum shop shoppi ping ng,, and and to discharge the the /rit of preliminary preliminary attachment issued by the trial court! "fter  LSMI LSMI filed filed its Commen Comment67 t67ppo pposit sition ion to the motion motion of STMC, STMC, the the RTC RTC resoled the said motion by denying it for lac% of merit! ISS89: 0hether or not the ;onorable Court of "ppeals erred in affirming the conclusion of the public respondent #udge 1emetria /hen it issued the /rit of preliminary attachment in faor of the priate respondent! R8LI4uired by the net succeeding section, must be duly filed /ith the court before the order issues!

"ttachment is an ancillary remedy! It is not sought for its o/n sa%e but rather to enable the attaching party to realize upon relief sought and epected to be granted in the main or principal action! $eing an ancillary or  auiliary remedy, it is aailable during the pendency of the action /hich may be resorted to by a litigant to presere and protect certain rights and interests therein pending rendition, and for purposes of the ultimate effects, of a final =udgment in the case! They are proisional because they constitute temporary measures aailed of during the pendency of the action and they are ancillary because they are mere incidents in and are dependent upon the result of the main action!

" /rit of preliminary attachment is a species of  provisional remedy! "s such, it is a collateral proceeding, permitted only in connection /ith a

regular action, and as one of its incidents3 one of /hich is proided for   present need, or for the occasion3 that is, one adapted to meet a particular  eigency! 7n the basis of the preceding discussion and the fact that /e find the dismissal of Ciil Case 4o! ?-5 to be in order, the /rit of   preliminary attachment issued by the trial court in the said case must  perforce be lifted!