You are on page 1of 1

NATURE OF ATTACHMENT

> Legal process of seizing anothers property in accordance with a writ or


judicial order for the purpose of securing satisfaction of a judgment yet to
be rendered
> Writ of attachment is used primarily to seize the debtors property to seize
the debtors property in order to secure the debt or claim of the creditor in
the event that a judgment is rendered
> Jurisprudence: a party who delivers a notice of attachment to the RD and
pays the corresponding fees has a right to presume that the official would
perform his duty properly
> In involuntary registration, entry thereof in the day book is sufficient
notice to all persons of such adverse claim. The notice of course has to be
annotated at the back of the corresponding original certificate of title, but
this is an official duty of the RD which may be presumed to have been
regularly performed
> DBP v. Acting Registry of Deeds: current doctrine thus seems to be that
entry alone produces the effect of registration, whether the transaction
entered is a voluntary or involuntary one, so long as the registrant has
complied with all that is required of him for purposes of entry and
annotation, and nothing more remains to be done but a duty incumbent
solely on the Registry of Deeds
> Section 69 states that an attachment or any writ, order or process
intended to create or preserve any lien upon registered land shall be filed
and registered in the RD and shall contain a reference to the number of the
certificate of title to be affected, the registered owner thereof and a
description of the land or interest therein

You might also like