SECOND DIVISION
[G.R. No. 236823. April 23, 2018.]
BEVI BEAUTY ELEMENTS VENTURES, INC., petitioner, vs.JOHNNY DINO, DOING BUSINESS UNDER THE NAME AND STYLE OF "JMMD BASIC ESSENTIAL BUILDER", respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated23 April 2018which reads as follows: AScHCD
"G.R. No. 236823 (BEVI Beauty Elements Ventures, Inc. v. Johnny Dino, doing business under the name and style of "JMMD Basic Essential Builder")
After a judicious study of the case, the Court resolves to DENY the instant petition and AFFIRM the August 4, 2017 Decision 1 and January 18, 2018 Resolution 2 of the Court of Appeals (CA) in CA-G.R. SP No. 147956 for failure of petitioner BEVI Beauty Elements Ventures, Inc. (petitioner) to sufficiently show that the CA committed any reversible error in holding that the Regional Trial Court of San Pablo City, Laguna, Branch 29 (RTC) did not gravely abuse its discretion in denying the issuance of a writ of preliminary attachment against respondent Johnny Dino, doing business under the name and style "JMMD Basic Essential Builder" (respondent).
As correctly ruled by the CA, the writ of preliminary attachment cannot issue in petitioner's favor considering that: (a) it failed to allege the circumstances from which the RTC could infer the intent of respondent to commit fraud in the performance of his obligation; and (b) no fiduciary relationship exists between the parties-litigants. It is settled that a writ of preliminary attachment "must be granted only on concrete and specific grounds and not merely on general averments quoting the words of the rules. Since attachment is harsh, extraordinary, and summary in nature, the rules on the application of a writ of attachment must be strictly construed in favor of the defendant," 3 as in this case.
SO ORDERED."
Very truly yours,
MA. LOURDES C. PERFECTODivision Clerk of Court
By:
(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 45-52. Penned by Associate Justice Magdangal M. De Leon with Associate Justices Franchito N. Diamante and Zenaida T. Galapate-Laguilles concurring.
2.Id. at 222-223.
3.Watercraft Venture Corporation v. Wolfe, 769 Phil. 394, 408 (2015); citations omitted.