Petitioner
Maximo Uy
Respondent
The Hon. Court of Appeals
Citation
G.R. No. 95550
Court
Supreme Court
Division
Second Division
Ponente
Nocon, J.
Decided
November 23, 1992

Summary

This case involves a lease contract dispute where petitioners failed to return a fishing vessel worth P350,000 after the lease period expired and refused to pay additional rentals. The Regional Trial Court ruled in favor of the lessors, ordering return of the vessel or payment of its value plus damages. After petitioners appealed, respondents obtained a preliminary attachment order. The Supreme Court granted certiorari, finding that while trial courts retain jurisdiction to issue attachment even after appeal is perfected, the specific attachment order lacked sufficient factual and legal basis. The Court found no evidence of fraud or concealment that would justify preliminary attachment under Rule 57, and accordingly lifted the attachment order, demonstrating the strict requirements for provisional remedies.

Statutes applied

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By the Intellegal Editorial Board · November 23, 1992

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