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G.R. No.

L-894 July 30, 1947

LUIS F. GENERAL, petitioner, vs. JOSE R. DE VENECIA, Judge of First Instance of Camarines Sur,
and PETRA VDA. DE RUEDAS, also representing Ernesto, Armando and Gracia (minors),
respondents.

FACTS: In 1946, Gregorio Ruedas filed a complaint for the recovery of a debt evidenced by a
promissory note wherein the debtor, Luis General, promised to pay 4k within 6 months after
peace has been declared. The complaint also contained a petition for the issuance of
preliminary attachment, which Judge de Venecia granted.

General argued that attachment was improper since the amount was not yet
demandable, and that there was a debt moratorium ordered by the President.

ISSUE: WON the Judge erred in permitting the issuance of attachment. YES

HELD:

There was no valid cause for allowing attachment since the debt had not yet become
demandable

The general rule is that, unless the statute expressly so provides, the remedy by attachment is
not available in respect to a demand which is not due and payable, and if an attachment is
issued upon such a demand without statutory authority it is void.

It must be observed that under our rules governing the matter the person seeking a
preliminary attachment must show that "a sufficient cause of action exists." Inasmuch as the
commitment of Luis F. General has not as yet become demandable, there existed no cause of
action against him, and the complaint should have been dismissed and the attachment lifted.

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