This case has been cited 1 times or more.
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2004-01-15 |
PANGANIBAN, J. |
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| To constitute a valid levy of attachment, the officer levying it must have "actual possession of the property attached."[55] "He must put himself in [a] position to, and must assert and, in fact, enforce a dominion over the property adverse to and exclusive of the attachment debtor."[56] To this rule we add that the officer cannot even deliver the property to the attachment creditor, as the parties must await the judgment in the action. The levied property must be in the "substantial presence and possession"[57] of the levying officer, who "cannot act as special deputy sheriff of any party litigant."[58] The officer may put someone "in possession of the property for the purpose of guarding it," but the former cannot be "relieve[d] x x x from liability to the parties interested in said attachment."[59] | |||||