- Petitioner
- Philippine Commercial International Bank
- Respondent
- Alejandro
- Citation
- G.R. No. 175587
- Court
- Supreme Court
- Division
- Third Division
- Ponente
- Ynares-Santiago, J.
- Decided
- September 21, 2007
Bank's wrongful garnishment of deposits through invalid preliminary attachment based on misrepresentation of borrower's residence
Summary
PCIB filed a collection case against lawyer Joseph Alejandro for P249.8 million yen loans, obtaining a preliminary attachment by misrepresenting that Alejandro was a non-resident. The trial court initially granted the writ, garnishing Alejandro's bank deposits, but later quashed it upon finding PCIB knew Alejandro maintained permanent addresses in Quezon City and Makati where they regularly transacted. This finding became final after unsuccessful appeals. Alejandro then claimed damages on the attachment bond. The Supreme Court affirmed PCIB's bad faith but significantly reduced damages from the Court of Appeals' P13 million total award to P1.25 million, emphasizing that preliminary attachment is an extraordinary remedy requiring strict compliance with procedural requirements and that PCIB's misrepresentation was a deliberate strategy to mislead the court.