2 ways of discharging the attachment:

Davao Light v. CA
1. By posting of a counterbond;
Gr No. 93262 Dec 29, 1991
2. By showing of its improper or irregular issuance.
Facts:
With respect to other provisional remedies; preliminary injunction rule 58;
Davao Light +led a complaint for sum of money against Queensland Hotel and
receivership rule 59; replevin or delivery of personal property rule 60; the rule is
Teodorico Adarna. The complaint contained an ex parte application for a writ of
the same they may also be issued ex parte.
preliminary attachment. The Judge granted and issued the writ of attachment and the
sheri@ served the summon against Queensland Hotel. The respondents contend that
the preliminary attachment should not have been issued because the court has not yet
acquired jurisdiction over the person of the defendants.

Issue:
Whether the writ of preliminary attachment may issue ex parte against a defendant
before acquisition of jurisdiction of the latter’s person by service of summons or his
voluntary submission to the court’s authority?

Held:
No. The plainti@ may apply for and obtain a writ of preliminary attachment upon
ful+lment of the pertinent requisites laid down by law and that he may do so at any
time, either before or after service of summons on the defendant.

The court declared that nothing in the RoC makes notice and hearing indispensable
and mandatory requisites for the issuance of the writ of attachment, the only pre
requisite is that the court be satis+ed, upon consideration of the aLdavit of the
applicant or of some other person who personally knows the facts that a suLcient
cause of actions exists, that the case is one of those mentioned in sec 1 rule 57, that
there is no other suLcient security for the claim sought to be enforced by the action,
and that the amount due to the applicant, or the value of the property the possession
of which he is entitled to recover, is as much as the sum for which the order of
attachment is granted above all legal counterclaims. If the court be so satis+ed, the
order of attachment shall be granted, and the writ shall issue upon the applicant’s
posting of bond executed to the adverse party in an amount to be +xed by the judge
not exceeding the plainti@’s claim, conditioned that the latter will pay all the costs
which may be adjudged to the adverse party and all damages which he may sustain
by reason of the attachment, if the court shall +nally adjudge that the applicant was
not entitled thereto.