FACTS: Tan Lit and Tan Kia won 50k in a sweepstakes. However, Tan Lit kept the
whole amount to himself. Thus, Kia filed a recovery suit for the 22.5k. After filing a 5k
bond, Kia obtained an attachment from the Judge.
Tan Lit later managed to have the writ dissolved by posting a counter-bond of
5k. After the attachment was dissolved, he withdrew 23,500 from PNB (most this
amount was previously attached).
After an application by Kia, the judge again issued another order requiring Tan
Lit to pay an additional 12k counterbond. Failing to do this, Tan Lit was held in
contempt and was held in confinement until he posted the 12k.
HELD:
Judge lost jurisdiction over the property when he allowed the initial
counterbond of 5k
From the moment the Judge authorized the Tan Lit to put up the counter bond
of P5,000 and from the moment Tan Lit filed said counter bond in order to be able to
withdraw his deposit in the Philippine National Bank, it can be said that Judge lost
jurisdiction over the said property.