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ISSUES
WON
Tolentino
FACTS
1)
2)
3)
preliminary attachment
The Republic said that it being a sovereign political entity, it was
4)
6)
it could not validly do, the Sandiganbayan acted ultra vires and
again that they were exempt from filing the attachment bond
Sandiganbayan denied it twice by reason of
a.) there was nothing in the rules of court that said the Republic
YES
be for a sum not less than two hundred dollars, and not
will pay all the costs which may be adjudged to the defendant,
to Tolentino.
Worse, the Sandiganbayan transgressed the Constitution and
arrogated upon itself a power that it did not by law possess. All
courts must take their bearings from the decisions and rulings of
this Court. Tolentino has not been superseded or reversed. Thus,
the old Code of Civil Procedure (Act No. 190) which was
enacted by the Philippine Commission on August 7, 1901 or
more than a century ago.
That was then, this is now. The provisions of the old Code
of Civil Procedure governing attachment have been
substantially modified in the subsequent Rules of Court. In
fact, Rule 57 of the present 1997 Rules of Civil Procedure is
an expanded modification of the provisions of the old Code
of Civil Procedure governing attachment. Unlike the old
Code of Civil Procedure, the present 1997 Rules of Civil
be issued.
The relevant provisions of Act No. 190 on attachment were later
substantially adopted as Sections 3[13] and 4, Rule 59 of the
DECISION
Civil Code)
invoked which was decided over a century ago under the Old
5)
bond.
On this, Article VIII, Section 4(3) of the Constitution provides:
(3) Cases or matters heard by a division shall be decided or
REPUBLIC V GARCIA
Sec. 4. Bond required from plaintiff. The party applying for the
much as the sum for which the order is granted above all legal
the plaintiff will pay all the costs which may be adjudged to the
applicants claim, conditioned that the latter will pay all the costs
facts, that a sufficient cause of action exists, that the case is one
the relevant provisions of both the 1940 and 1964 Rules of Court.
shall finally adjudge that the applicant was not entitled thereto.
Clearly, the filing of an attachment bond before the issuance of a
NOTES