ALEJANDRO NG WEE V Tiankiansee

ALEJANDRO NG WEE v.
MANUEL TANKIANSEE
G.R. NO. 171124 : February 13, 2008
Facts:
Alejandro Ng Wee invested in Win corporation, in which Manuel Tankiansee works as a vice
chairman and director. Wee received a disturbing news regarding the financial condition of the
company, Wee instituted a civil case for damages against Wincorp and impleaded Tankiansee as
one of its directors. Wee applied for the issuance of writ of preliminary injuction before the RTC
which the court granted. After failure to discharge the motion of writ of preliminary injunction
before the RTC, Tankiansee appealed before the CA, and the latter lifted the Writ.
Petitioner’s Position:
Petitioners submits that the court of appeals committed serious legal error in resolving favorably
the grounds alleged by respondent in his petition and (sic) lifting the writ of preliminary
attachment, since these grounds already relate to the merits of civil case no. 00-99006 which,
under prevailing jurisprudence, cannot be used as basis (sic) for discharging a writ of preliminary
attachment.
Respondent’s Position:
Respondent counters that the general and sweeping allegation of fraud against respondent in
petitioner's affidavit-respondent as an officer and director of Wincorp allegedly connived with
the other defendants to defraud petitioner-is not sufficient basis for the trial court to order the
attachment of respondent's properties. Nowhere in the said affidavit does petitioner mention the
name of respondent and any specific act committed by the latter to defraud the former
ISSUE:
Whether the CA was correct in lifting the writ of preliminary attachment against respondent?
Ruling:
YES. Section 1(d) of Rule 57 of the Rules of Court which pertinently reads:
Section 1. Grounds upon which attachment may issue.-At the commencement of the action or at

any time before entry of judgment, a plaintiff or any proper party may have the property of the
adverse party attached as security for the aatisfaction of any judgment that may be recovered in
the following cases:
(d) In an action against a party who has been guilty of a fraud in contracting the debt or incurring
the obligation upon which the action is brought, or in the performance thereof.
For a writ to issue under this rule, the applicant must sufficiently show the factual circumstances
of the alleged fraud because fraudulent intent cannot be inferred from the debtor’s mere non-
payment of the debt or failure to comply with his obligation. The applicant must then be able to
demonstrate that the debtor has intended to defraud the creditor.
TORRES VS SATSATIN
G.R. No. 166759. November 25, 2009
FACTS:
Siblings Sofia, Fructosa, and Mario Torres each a track of land situated in Cavite. Satsatin asked
petitioners’ mother, Aledia, if she wanted to sell their lands. Agripina agreed to sell the
properties. Petitioners, thus, authorized Nicanor, through a SPA to negotiate for the sale of the
properties. Nicanor offered to sell the properties to Solar Resources, Inc., who allegedly agreed
to purchase the three parcels of land, together with the property owned by a certain Rustica
Aledia. Petitioners alleged that Nicanor failed to remit the payment from the transaction.
Consequently, petitioners filed before the RTC a Complaint for Sum of Money and Damages,
against the Satsatins. Petitioners filed an Ex Parte Motion for the Issuance of a Writ of
Attachment. The RTC granted the Writ of preliminary attachment.
Petitioner’s Position:
Petitioners argue that the Certification issued by the Office of the Administrator and the
Certifications issued by the clerks of court of the RTCs of Dasmariñas and Imus, Cavite, would
show that the bonds offered by Western Guaranty Corporation, the bonding company which
issued the bond, may be accepted by the RTCs of Dasmariñas and Imus, Cavite, and that the said
bonding company has no pending liability with the government.
Respondents Position:
Respondents filed their answer and also filed a Motion to Discharge Writ of Attachment
anchored on the following grounds: that the bond issued in favor of the petitioners was defective,
because the bonding company failed to obtain the proper clearance that it can transact business
with the RTC of Dasmariñas, Cavite. They added that the various clearances which were issued
in favor of the bonding company were applicable only in the courts of the cities of Pasay, Pasig,
Manila, and Makati, but not in the RTC, Imus, Cavite.
ISSUES:
1. Whether or not the approval of the bond posted by petitioners was proper?
RULING:
1. Held: No. Here, there was grave abuse of discretion in approving the bond posted by
petitioners despite the fact that not all the requisites for its approval were complied with.
In accepting a surety bond, it is necessary that all the requisites for its approval are met;
otherwise, the bond should be rejected. Every bond should be accompanied by a
clearance from the SC showing that the company concerned is qualified to transact
business which is valid only for 30 days from the date of its issuance. However, it is
apparent that the Certification issued by the OCA at the time the bond was issued would
clearly show that the bonds offered by Western may be accepted only in the RTCs of the
cities of Makati, Pasay, and Pasig. Therefore, the surety bond issued by the bonding
company should not have been accepted by the RTC of Dasmariñas, since the
certification secured by the bonding company from the OCA at the time of the issuance
of the bond certified that it may only be accepted in the abovementioned cities.

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ALEJANDRO NG WEE v.

Section 1. Grounds upon which attachment may issue.-At the commencement of the action or at

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