2012 Remedial Law, Q8

A sues B for collection of a sum of money. Alleging fraud in the contracting of the loan, A applies for preliminary attachment with the court. The Court issues the preliminary attachment after A files a bond. While summons on B was yet unserved, the sheriff attached B’s properties. Afterwards, summons was duly served on B. 8 moves to lift the attachment. Rule on this. (5%)
Discuss the three (3) Stages of Court Diversion in connection with Alternative Dispute Resolution. (5%)

Quick check

What is required under Rule 57 for a writ of preliminary attachment to be validly enforced against a defendant's property?

What is the legal effect of a sheriff levying on a defendant's property under preliminary attachment before serving summons?

What is the first stage of Court Diversion in Philippine Alternative Dispute Resolution?

Who acts as the mediator-conciliator during the Judicial Dispute Resolution (JDR) stage of court diversion?

Choices available with full access.

What procedural remedy should a defendant pursue when preliminary attachment is enforced prior to service of summons?

Choices available with full access.

Unlock the full Remedial Law answers

Learn more about these topics

1. Preliminary Attachment Enforcement
Under Rule 57, Section 5 of the Rules of Court, no levy on preliminary attachment shall be enforced unless preceded or contemporaneously accompanied by service of summons on the defendant. Although a court acquires jurisdiction over the main action upon filing of the complaint and payment of legal fees, it cannot enforce a writ of preliminary attachment without prior or contemporaneous service of summons. A levy made prior to service of summons is void and legally ineffective, and subsequent service of summons does not retroactively cure the defect.

2. Court Diversion Stages
Court Diversion under the Alternative Dispute Resolution (ADR) framework in the Philippines proceeds through three distinct stages designed to encourage out-of-court settlements. The first stage is Court-Annexed Mediation (CAM), conducted by accredited mediators of the Philippine Mediation Center. If CAM fails, the case enters Judicial Dispute Resolution (JDR), where the trial judge acts as a mediator-conciliator. If JDR is unsuccessful, the case proceeds to trial before another judge, and if appealed, it enters Court-Appealed Mediation at the appellate level.

3. Enforceability of Attachment
The requirement of prior or contemporaneous service of summons protects the constitutional right to due process of the property owner. Because preliminary attachment is a harsh and extraordinary provisional remedy, strict compliance with statutory procedure is required. Where a sheriff attaches properties before serving summons on the defendant, the attachment is void ab initio. The proper procedural remedy for the aggrieved defendant is to file a motion to discharge or lift the attachment based on the illegal enforcement.

About these questions and answers
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.

They are not official answers, have no connection with the Supreme Court, the Office of the Bar Confidant, or any bar review institution, and are not endorsed by any of them. Official answer keys, where released, should be preferred over anything here.Nothing on this page is legal advice, and reading it creates no lawyer-client relationship. Do not rely on any suggested answer in an actual legal matter. Consult counsel on your own facts.Suggested answers reflect the law and jurisprudence the author considers applicable as of the date shown.

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