No. L-50378. September 30, 1982.
FACTSÂ
Filinvest Credit Corporation (FILINVEST) filed a complaint against Rallye Motor Co. (RALLYE) for the collection of a sum of money with damages and preliminary writ of attachment. Judge Coquia granted the prayer for a writ of attachment on the ground that defendants have committed fraud in securing the obligation and are now avoiding payment of the same. Salazar, one of the defendants, filed Urgent Motion that the writ of preliminary attachment issued ex parte and implemented solely against his property be recalled and/or quashed since he did not committed fraud when he contracted the obligation. Justice Relova ordered the dissolution and setting aside of the writ of preliminary attachment issued and the return to Salazar of all his properties attached by the Sheriff by virtue of the said writ. FILINVEST filed a Motion for Reconsideration to be allowed to adduce evidence to prove that Salazar committed fraud but the respondent Judge denied the Motion.