P. J. O’Brien instituted an action to in the Court of First Instance of the city of Manila to recover of Leung Ben the sum of P15,000, alleged to have been lost by the plaintiff to the defendant in a series of gambling, banking, and percentage games. against the property of the defendant, on the ground that the latter was about to depart from the Philippine Islands with intent to defraud his creditors. The plaintiff asked for an attachment against the property of the defendant, on the ground that the latter was about to depart from the Philippine Islands with intent to defraud his creditors. The attachment was issued. The petitioner, Leung Ben, moved the court to quash the attachment for the reason that attachment was issued requires that there should be a “cause of action arising upon contract, express or implied.” The contention of the petitioner is that the statutory action to recover money lost at gaming is not such an action as is contemplated in this provision, and he insists that the original complaint shows on its face that the remedy of attachment is not available in aid thereof; that the Court of First Instance acted in excess of its jurisdiction in granting the writ of attachment; that the petitioner has no plain, speedy, and adequate remedy by appeal or otherwise; and that consequently the writ of certiorari supplies the appropriate remedy for this relief.