This case has been cited 2 times or more.
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2008-02-13 |
NACHURA, J. |
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| The affidavit, being the foundation of the writ,[35] must contain such particulars as to how the fraud imputed to respondent was committed for the court to decide whether or not to issue the writ.[36] Absent any statement of other factual circumstances to show that respondent, at the time of contracting the obligation, had a preconceived plan or intention not to pay, or without any showing of how respondent committed the alleged fraud, the general averment in the affidavit that respondent is an officer and director of Wincorp who allegedly connived with the other defendants to commit a fraud, is insufficient to support the issuance of a writ of preliminary attachment.[37] In the application for the writ under the said ground, compelling is the need to give a hint about what constituted the fraud and how it was perpetrated[38] because established is the rule that fraud is never presumed.[39] Verily, the mere fact that respondent is an officer and director of the company does not necessarily give rise to the inference that he committed a fraud or that he connived with the other defendants to commit a fraud. While under certain circumstances, courts may treat a corporation as a mere aggroupment of persons, to whom liability will directly attach, this is only done when the wrongdoing has been clearly and convincingly established.[40] | |||||
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2001-02-23 |
YNARES-SANTIAGO, J. |
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| While the Motion refers to the transaction complained of as involving trust receipts, the violation of the terms of which is qualified by law as constituting estafa, it does not follow that a writ of attachment can and should automatically issue. Petitioner cannot merely cite Section 1(b) and (d), Rule 57, of the Revised Rules of Court, as mere reproduction of the rules, without more, cannot serve as good ground for issuing a writ of attachment. An order of attachment cannot be issued on a general averment, such as one ceremoniously quoting from a pertinent rule.[7] | |||||