Cases Preliminary Attachment.docx - Ligon vs RTC of Makati...

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Ligon vs. RTC of Makati On November 20, 2002, petitioner Leticia P. Ligon (Ligon) filed an amended complaint 6 before the Regional Trial Court of Quezon City, Branch 101 (Quezon City RTC) for collection of sum of money and damages, rescission of contract, and nullification of title with prayer for the issuance of a writ of preliminary attachment, docketed as Civil Case No. Q–10–48145 (Quezon City Case), against Sps. Baladjay, a certain Olivia Marasigan (Marasigan), Polished Arrow Holdings, Inc. (Polished Arrow), and its incorporators, 7 namely, Spouses Julius Gonzalo and Charaine Doreece Anne Fuentebella (Sps. Fuentebella), Ma. Linda Mendoza (Mendoza), Barbara C. Clavo (Clavo), Bayani E. Arit, Jr. (Arit, Jr.), and Peter M. Kairuz (Kairuz), as well as the latter’s spouses (individual defendants). In her complaint, Ligon alleged, inter alia , that Rosario Baladjay (Rosario) enticed her to extend a short–term loan in the amount of P3,000,000.00, payable in a month’s time and secured by an Allied Bank post–dated check for the same amount. 8 Ligon likewise claimed that Rosario, as further enticement for the loan extension, represented that she and her husband Saturnino were in the process of selling their property in Ayala Alabang Village, Muntinlupa City (subject property), covered by a clean title, i.e., TCT No. 8502 [9 in the name of Rosario Baladjay, married to Saturnino Baladjay , and that the proceeds of the said sale could easily pay–off the loan. 10 Unfortunately, the Allied Bank check was dishonored upon presentment and, despite assurances to replace it with cash, Rosario failed to do so. Moreover, Ligon discovered that the subject property had already been transferred to Polished Arrow, alleged to be a dummy corporation of Sps. Baladjay and the individual defendants (defendants). As a result, TCT No. 8502 was cancelled and replaced on October 11, 2002 by TCT No. 9273 [11 in the name of Polished Arrow . Thus, Ligon prayed that all defendants be held solidarily liable to pay her the amount of P3,000,000.00, with interest due, as well as P1,000,000.00 as attorney’s fees and another P1,000,000.00 by way of moral and exemplary damages. Asserting that the transfer of the subject property to Polished Arrow was made in fraud of Sps. Baladjay’s creditors, Ligon also prayed that the said transfer be nullified, and that a writ of preliminary attachment be issued in the interim against defendants’ assets, including the subject property. Subsequently, an Amended Writ of Preliminary Attachment 12 was issued on November 26, 2002, and annotated on the dorsal portion 13 of TCT No. 9273 on December 3, 2002 (December 3, 2002 attachment annotation). On February 18, 2003, a similar complaint for collection of sum of money, damages, and cancellation of title with prayer for issuance of a writ of preliminary attachment was lodged before the Makati City RTC, docketed as Civil Case No. 03–186 (Makati City Case), by Spouses Cecilia and Gil Vicente (Sps. Vicente) against Sps. Baladjay, Polished Arrow, and other corporations. 14 In that case, it was established that Sps.

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