This case has been cited 4 times or more.
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2012-06-13 |
DEL CASTILLO, J. |
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| That the plaintiffs eventually obtained a judgment in their favor does not detract from the wrongfulness of the preliminary attachment. While "the evidence warrants [a] judgment in favor of [the] applicant, the proofs may nevertheless also establish that said applicant's proffered ground for attachment was inexistent or specious, and hence, the writ should not have issued at all x x x."[75] | |||||
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2009-06-19 |
YNARES-SANTIAGO, J. |
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| We need not review in length the justification of the Court of Appeals in allowing execution pending appeal. The standard set under Section 2(a), Rule 39 merely requires "good reasons," a "special order," and "due hearing." Due hearing would not require a hearing in open court, but simply the right to be heard, which SIDDCOR availed of when it filed its opposition to the motion for immediate execution. The Resolution dated 16 October 1998 satisfies the "special order" requirement, and it does enumerate at length the "good reasons" for allowing execution pending appeal. As to the appreciation of "good reasons," we simply note that the advanced age alone of Sandoval would have sufficiently justified execution pending appeal, pursuant to the well-settled jurisprudential rule. The wrongfulness of the attachment, and the length of time respondents have been deprived of their money by reason of the wrongful attachment further justifies execution pending appeal under these circumstances.[7] Moreover, petitioner's argument that a bond must first be posted before the writ of execution pending appeal may issue, is without merit because there may be good reasons allowing execution pending appeal that have a direct bearing on the prevailing party's ability and capacity to post a bond. Petitioner's posture would limit the courts' ability to determine what are good and compelling reasons that would allow a writ of execution pending appeal, since the prevailing party's ability to post a bond would be the primary consideration in the grant or denial of the writ, and not the good and compelling reasons attendant to the case. Finally, just as we have held that the mere filing of a bond alone does not constitute the "good reason" envisioned by the Rules,[8] then neither may the failure of the court to require the posting of a bond automatically render the execution pending appeal irregular. | |||||
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2007-09-21 |
YNARES-SANTIAGO, J. |
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| Likewise, the award of attorney's fees is proper when a party is compelled to incur expenses to lift a wrongfully issued writ of attachment. The basis of the award thereof is also the amount of money garnished, and the length of time respondents have been deprived of the use of their money by reason of the wrongful attachment.[39] It may also be based upon (1) the amount and the character of the services rendered; (2) the labor, time and trouble involved; (3) the nature and importance of the litigation and business in which the services were rendered; (4) the responsibility imposed; (5) the amount of money and the value of the property affected by the controversy or involved in the employment; (6) the skill and the experience called for in the performance of the services; (7) the professional character and the social standing of the attorney; (8) the results secured, it being a recognized rule that an attorney may properly charge a much larger fee when it is contingent than when it is not.[40] | |||||
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2006-09-12 |
CALLEJO, SR., J. |
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| SEC. 20. Claim for damages on account of improper, irregular or excessive attachment. - An application for damages on account of improper, irregular or excessive attachment must be filed before the trial or before appeal is perfected or before the judgment becomes executory, with due notice to the attaching party and his surety or sureties, setting forth the facts showing his right to damages and the amount thereof. Such damages may be awarded only after proper hearing and shall be included in the judgment on the main case. An application for damages against the bonds must be filed in the same case where the bond was issued, either (a) before the trial or (b) before the appeal is perfected or (c) before the judgment becomes executory.[25] The principal party and his surety or sureties must be notified of said application. This rule is mandatory.[26] In the absence of due notice to the surety, no judgment for damages may be entered and executed against it.[27] | |||||