Documentos de Académico
Documentos de Profesional
Documentos de Cultura
dated !"tober
4, #$$# and the Resolution
#
dated %ay &, #$$' of the Court of (ppeals (C() in C()*.R. C+ ,o.
-#-5.
.he fa"ts of the "ase/
!n 0uly #4, 11&, China Bank granted respondent (sian Constru"tion and 2evelop3ent Corporation
((C2C) an !3nibus Credit 4ine in the a3ount of P1$,$$$,$$$.$$.
'
!n (pril #, 111, alleging that (C2C failed to "o3ply with its obligations under the !3nibus Credit
4ine, China Bank filed a Co3plaint
4
for re"overy of su3 of 3oney and da3ages with prayer for the
issuan"e of writ of preli3inary atta"h3ent before the Regional .rial Court (R.C) of %akati, Bran"h
'5, do"keted as Civil Case ,o. 11)-1&. 6n the Co3plaint, China Bank "lai3ed that (C2C, after
"olle"ting and re"eiving the pro"eeds or re"eivables fro3 the various "onstru"tion "ontra"ts and
purportedly holding the3 in trust for China Bank under several 2eeds of (ssign3ent,
3isappropriated, "onverted, and used the funds for its own purpose and benefit, instead of re3itting
or delivering the3 to China Bank.
5
!n (pril ##, 111, the R.C issued an !rder
&
granting China Bank7s prayer for writ of preli3inary
atta"h3ent. Conse8uently, as shown in the 9heriff7s Report
-
dated 0une 4, 111, the writ of
preli3inary atta"h3ent was i3ple3ented levying personal properties of (C2C, i.e., vans, du3p
tru"ks, "e3ent 3i:ers, "argo tru"ks, utility vehi"les, 3a"hinery, e8uip3ent and offi"e 3a"hines and
fi:tures.
!n %ar"h #-, #$$$, upon 3otion of China Bank, the R.C issued a 9u33ary 0udg3ent
5
in favor of
China Bank. (C2C filed its ,oti"e of (ppeal
1
dated (pril #4, #$$$.
!n 0une 5, #$$$, China Bank filed a %otion to .ake Custody of (tta"hed Properties with %otion for
*rant of (uthority to 9ell to the Bran"h 9heriff
$
with the R.C, praying that it be allowed to take
"ustody of (C2C7s properties for the purpose of selling the3 in an au"tion.