1. Serg’s Products, Inc. vs. PCI Leasing G.R. No. 137705. August 22, 2000.pdf

1.
G.R. No. 137705 August 22, 2000
SERG'S PRODUCTS, INC., and SERGIO T. GOQUIOLAY, petitioners,
vs.
PCI LEASING AND FINANCE, INC., respondent.
Facts:
On 13 February 1998, PCI Leasing and Finance, Inc. filed a complaint for sum of money,
with an application for a writ of replevin (Civil Case Q-98-33500). On 6 March 1998,
upon an ex-parte application of PCI Leasing, judge issued a writ of replevin directing its
sheriff to seize and deliver the machineries and equipment to PCI Leasing after 5 days
and upon the payment of the necessary expenses. On 24 March 1998, the sheriff
proceeded to petitioner’s factory, seized one machinery with word that the return for the
other machineries. On 25 March 1998, petitioners filed a motion for special protective
order, invoking the power of the court to control the conduct of its officers and amend
and control its processes, praying for a directive for the sheriff to defer enforcement of
the writ of replevin. On 6 April 1998, the sheriff again sought to enforce the writ of
seizure and take possession of the remaining properties. He was able to take two more,