2026 Remedial Law, Q5

Senator Voaya was charged before the Sandiganbayan with the crime of plunder for allegedly amassing ill-gotten wealth amounting to at least PHP 150 million. In the course of the trial, the prosecution moved for the issuance of a writ of preliminary attachment, which was granted by the Sandiganbayan. Aggrieved, Senator Voaya challenged the Resolution arguing that a preliminary attachment is a civil remedy that cannot be applied in criminal cases. He further alleged that the attachment effectively amounted to the penalty of forfeiture even before conviction. Is Senator Voaya correct? Explain.

Quick check

Under Section 1, Rule 127 of the Rules of Court, when may provisional remedies such as preliminary attachment be issued in a criminal proceeding?

Why is a writ of preliminary attachment issued during a criminal trial for plunder not considered a premature penalty of forfeiture?

Under which statute does a criminal action for plunder before the Sandiganbayan carry with it the civil action for recovery of ill-gotten wealth?

What primary purpose does a writ of preliminary attachment serve when granted under Rule 57 of the Rules of Court?

Why was Senator Voaya incorrect in arguing that a preliminary attachment cannot be applied in his criminal case?

Learn more about these topics

1. Provisional Remedies
Under Section 1, Rule 127 of the Rules of Court, provisional remedies available in civil actions may be issued in connection with the civil action deemed instituted with a criminal case. When a criminal prosecution involves an offense carrying an implied or express civil liability for recovery or restitution of property, the prosecution or offended party may apply for ancillary writs such as preliminary attachment under Rule 57. This ensures that assets subject to civil liability are preserved during the pendency of the criminal trial, preventing their fraudulent concealment, dissipation, or transfer before judgment.

2. Sandiganbayan Jurisdiction
The Sandiganbayan possesses exclusive jurisdiction over criminal actions involving plunder under Republic Act No. 7080, as amended, as well as the civil liabilities inherently arising therefrom. Under Presidential Decree No. 1606 and related statutes, the prosecution of plunder automatically carries the civil action for the recovery of ill-gotten wealth amassed by public officers. Because the civil aspect is consolidated with the criminal action before the Sandiganbayan, the tribunal holds full authority to issue provisional orders and auxiliary writs necessary to enforce civil recovery and protect the financial interest of the State.

3. Preliminary Attachment
Preliminary attachment is an ancillary, provisional remedy designed to place property in custodia legis as security for the satisfaction of any judgment that may be recovered. It does not transfer ownership or operate as a final confiscation of property. In contrast, forfeiture is a penal or statutory sanction imposed upon final conviction or decree, permanently divesting the offender of title to ill-gotten wealth. Consequently, levying a writ of preliminary attachment during criminal proceedings does not constitute premature forfeiture or violate due process, as the property remains in judicial custody pending final judgment.

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The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

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Where a question comes from an earlier examination, the suggested answer applies the law as it now stands, which may differ from the law in force when the question was given, and may therefore differ from what would have been the correct answer at that time. Where the difference is material, the answer notes it.The practice scoring feature measures wording overlap with the suggested answer. It is not a grade, carries no official weight, and says nothing about whether your reasoning is sound.Errors are possible. If you find one, please tell me and I will correct it.Last reviewed: October 2026