MCF No. 57.

1
Application for Writ of
Preliminary Attachment as part of
initiatory pleading
Original Court, 1st Copy Plaintiff, 2nd Copy Defendant, Other copies as needed
Enter information in block letters in all parts of the Form except when reserved for Court
use, which shall be completed by the Clerk.
For Court Use Only
(Judicial Region)

(Municipality/City/Province)

METC/MTCC/MTC/MCTC
RTC

BRANCH
Case No.
Plaintiff/
Petitioner , v.
Defendant/
Respondent

COUNSEL OR PARTY WITHOUT COUNSEL

Nam
e
Firm Name
Address
Email Address
Tel./Cel./Fax Nos.
PTR No. Date/
Roll No. Place of Issue
Lifetime
IBP No. Date/Chapter
Compliance
MCL Exemption No
E .
Other Compliances
Counsel for
Plaintiff/
Petitioner
Defendant/
Respondent
Other

APPLICATION FOR WRIT OF PRELIMINARY

ATTACHMENT AS PART OF THE INITIATORY PLEADING
UNDER RULE 57.1

This form shall be incorporated in the:

Complaint
Complaint-in-Intervention
Permissive Counterclaim
Cross-claim
Third, (fourth, etc.) -party complaint
In support of this Application for a Writ of Preliminary Attachment,
the Applicant repleads by reference all the factual allegations in the
abovementioned pleading, and states:
1. This is an action:

page 1 of 4
 for the recovery of a specified amount of money or damages,
other than moral and exemplary, on a cause of action arising
from law, contract, quasi-contract, delict or quasi-delict, against
a party who is about to depart from the Philippines with intent
to defraud creditors or obligees.
for money or property embezzled or fraudulently misapplied or
converted to the own use of a public officer, or an officer of a
corporation, or an attorney, factor, broker, agent, or clerk, in the
course of their employment as such, or by any other person in a
fiduciary capacity, or for a willful violation of duty.
to recover the possession of property unjustly or fraudulently
taken, detained or converted, when the property or any part
thereof has been concealed, removed or disposed of to prevent
its being found or taken by the applicant or an authorized
person.
against a party who is guilty of fraud in contracting the debt or
incurring the obligation upon which the action is brought, or in
the performance of such obligation.
against a party who has removed or disposed of property, or is
about to do so, with intent to defraud the creditors of said party.
against a party who does not reside and is not found in the
Philippines, or on whom summons may be served by
publication.
2. The applicant has a sufficient cause of action.
3. There is no other sufficient security for the claim sought to be
enforced by this action.
4. The amount due to the applicant, or the value of the property the
possession of which the applicant is entitled to recover, is as much
as the sum for which the order sought is granted above all legal
counterclaims.
5. The applicant is ready and able to post a bond in an amount equal
to that fixed by the court in its order, conditioned upon the
applicants payment of all the costs which may be adjudged to the
adverse party and all the damages sustained by reason of the
attachment, if the court finds that the applicant was not entitled to
it.
6. The Judicial Affidavit/s of the applicant and his/her/its
witnesses is/are attached as an annex/es.

___________________
Name of Applicant

APPLICATION FOR WRIT OF PRELIMINARY ATTACHMENT page 2 of 4

INCLUDED IN THE INITIATORY PLEADING UNDER RULE 57.1
 PROOF OF SERVICE
A copy of this Motion was served upon:
Persons Name Method Place Served Date Served
Personal Service
Licensed Courier
Registered Mail
Facsimile or Other
Electronic Means
Personal Service
Licensed Courier
Registered Mail
Facsimile or Other
Electronic Means
Personal Service
Licensed Courier
Registered Mail
Facsimile or Other
Electronic Means
Personal Service
Licensed Courier
Registered Mail
Facsimile or Other
Electronic Means
Proof of such service is attached to this Motion as an Annex.

Date Party/Partys Counsel Name and Signature

ORDER

After a review of the Motion, and comment, the Motion is

granted.
The counterbond by the movant is approved. The Writ of Preliminary Attachment
dated ______________ is discharged
completely.
partially as to the following property/ies: _________________________
_______________________________________________________.
The property attached or the proceeds of any sale thereof shall be delivered
to the movant.

The Writ of Preliminary Attachment dated ______________ is discharged

because:
the Writ was improperly or irregularly issued or enforced.
the bond posted by the plaintiff is insufficient.
the value of the attached property/ies exceeds the amount sought to be
recovered.

denied.
The counterbond posted by movant is defective or insufficient.
The Writ was properly and regularly issued and enforced.
Plaintiff is directed to post a sufficient bond in the amount of _______ within
fifteen (15) days from receipt of this Order.
The value of the property/ies attached do/es not exceed the amount sought to be
recovered.

Judge Date

APPLICATION FOR WRIT OF PRELIMINARY ATTACHMENT page 3 of 4

INCLUDED IN THE INITIATORY PLEADING UNDER RULE 57.1
 SPECIAL INSTRUCTIONS

APPLICATION FOR WRIT OF PRELIMINARY ATTACHMENT page 4 of 4

INCLUDED IN THE INITIATORY PLEADING UNDER RULE 57.1