In the case of Torres v. Satsatin, the Supreme Court reiterated the importance of adhering to procedural requirements when implementing provisional remedies like a writ of preliminary attachment. The Court emphasized that for a writ of attachment to be validly enforced, the court must have already acquired jurisdiction over the defendant. This means that the summons and complaint must be served on the defendant either before or simultaneously with the implementation of the writ. Furthermore, the Court stressed the importance of ensuring that all requisites for the approval of a surety bond are complied with; otherwise, the bond should be rejected. This decision underscores the judiciary’s commitment to protecting individuals’ rights and ensuring due process is followed in all legal proceedings.

Invalid Bonds and Belated Summons: When Attachment Writs Fail

The legal dispute began when Sofia Torres, Fructosa Torres, and the heirs of Mario Torres, along with Solar Resources, Inc., filed a complaint against Nicanor Satsatin, alleging that he failed to remit the full amount due to them from the sale of their properties. The petitioners sought a writ of preliminary attachment, which the trial court granted. However, the respondents, Nicanor Satsatin, et al., challenged the validity of the writ, arguing that it was issued and enforced without the court acquiring jurisdiction over their persons, and that the bond issued by the bonding company was defective.

Building on this principle, the Supreme Court emphasized the critical distinction between the issuance and implementation of a writ of attachment. The Court acknowledged that a writ could be issued at the commencement of an action, even before the defendant is served with summons. However, the implementation of the writ is another matter entirely. As the Supreme Court stated, clarifying the time when jurisdiction should be had:

It goes without saying that whatever be the acts done by the Court prior to the acquisition of jurisdiction over the person of defendant x x x issuance of summons, order of attachment and writ of attachment x x x these do not and cannot bind and affect the defendant until and unless jurisdiction over his person is eventually obtained by the court, either by service on him of summons or other coercive process or his voluntary submission to the court’s authority. Hence, when the sheriff or other proper officer commences implementation of the writ of attachment, it is essential that he serve on the defendant not only a copy of the applicant’s affidavit and attachment bond, and of the order of attachment, as explicitly required by Section 5 of Rule 57, but also the summons addressed to said defendant as well as a copy of the complaint x x x.

The court then examined the procedural timeline. The writ of attachment was served on November 19, 2002, but summons, along with a copy of the complaint, was only served on November 21, 2002. Thus, the Court noted that at the time the writ was implemented, the trial court had not yet acquired jurisdiction over the persons of the respondents. For the writ to have a binding effect, the proper officer should have served a copy of the summons upon the respondents either prior to or simultaneously with the implementation of the writ of attachment. Thus, even if the writ of attachment was validly issued, it was improperly or irregularly enforced and, therefore, could not bind and affect the respondents.

The Supreme Court also scrutinized the validity of the surety bond provided by the petitioners. The Court emphasized that every bond should be accompanied by a clearance from the Supreme Court, valid for only thirty days from issuance, demonstrating the company’s qualification to transact business. Moreover, the Certification issued by the Office of the Court Administrator (OCA) at the time the bond was issued clearly showed that the bonds offered by Western Guaranty Corporation may be accepted only in the RTCs of the cities of Makati, Pasay, and Pasig. The court then added that the bonding company’s surety bond should not have been accepted by the RTC of Dasmariñas, Branch 90, because 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 above-mentioned cities.

In summary, the Supreme Court held that the trial court committed grave abuse of discretion when it issued the writ of attachment. This decision underscored that the belated service of summons could not cure the defect in the enforcement of the writ. As such, the preliminary writ of attachment must be served after or simultaneous with the service of summons on the defendant whether by personal service, substituted service or by publication as warranted by the circumstances of the case. The Court explicitly stated that “the subsequent service of summons does not confer a retroactive acquisition of jurisdiction over her person because the law does not allow for retroactivity of a belated service.”

FAQs

What was the key issue in this case?	The key issue was whether the writ of preliminary attachment was validly issued and implemented, considering questions about the court’s jurisdiction over the respondents and the validity of the surety bond.
When must the summons be served in relation to the writ of attachment?	The summons and complaint must be served on the defendant either before or simultaneously with the implementation of the writ of attachment for the court to validly acquire jurisdiction.
What is the significance of the surety bond in a writ of attachment?	The surety bond ensures that the attaching party is protected in case the attachment is later found to be wrongful, and its validity is crucial for the writ’s legitimacy.
What happens if the summons is served after the writ of attachment is implemented?	If the summons is served after the writ of attachment, the court does not have jurisdiction over the defendant, making the implementation of the writ improper and irregular.
What is the effect of a defective surety bond on the writ of attachment?	A defective surety bond, such as one issued by a company not authorized to transact business in the relevant court, can render the writ of attachment invalid.
Can a writ of attachment be dissolved?	Yes, a writ of attachment can be dissolved either by filing a counter-bond or by showing that it was irregularly or improvidently issued.
What does it mean for a court to have jurisdiction over a person?	Jurisdiction over a person means the court has the power to render a judgment that will bind the defendant, typically acquired through proper service of summons.
Is the renewal of an attachment bond a cure for improper enforcement?	No, the renewal of an attachment bond does not cure the defect of improper enforcement if the summons was not properly served.

In conclusion, Torres v. Satsatin serves as a crucial reminder to legal practitioners of the stringent requirements for the valid issuance and implementation of provisional remedies. The Supreme Court’s emphasis on due process ensures that individuals’ rights are protected, and that courts adhere to proper procedures before enforcing writs of attachment.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: Torres v. Satsatin, G.R. No. 166759, November 25, 2009