here’s a practitioner-grade explainer on Preliminary Attachment in Criminal Proceedings (Philippines)—what it is, when and how to use it, defenses, and practical pitfalls. this is general information, not legal advice.

1) What is “preliminary attachment” and why use it in a criminal case?

Purpose. To secure property of the accused so there’s something to satisfy the civil liability ex delicto (restitution, reparation, indemnity, damages, costs) that may be awarded in the criminal case.
Legal hook. Under the Rules of Court on provisional remedies in criminal actions (the “civil” component is deemed instituted with the criminal case unless waived/reserved/previously filed), the offended party may avail of the civil provisional remedies—including attachment—in the criminal case itself.
Effect. The sheriff levies/“freezes” the accused’s attachable property at the outset or any time before judgment as security; it does not transfer ownership.

Think of attachment as asset preservation for the victim’s civil claim, running in parallel with the criminal prosecution.

2) When is attachment available in a criminal case?

Attachment is available only if the civil action is deemed instituted in the criminal action. That is the default rule. It is not available in the criminal docket if:

The offended party waived the civil action, reserved the right to file it separately, or
A separate civil case was filed ahead (in which case, seek attachment in that civil case, not in the criminal file).

Timing. You may apply upon filing of the criminal action or any time before entry of judgment.

3) Grounds (what you must allege and show)

Because you are using a civil provisional remedy inside a criminal case, the civil attachment grounds apply. Typical grounds include that the accused:

Is a non-resident or is about to depart the Philippines with intent to defraud creditors;
Conceals, removes, or disposes of property (or is about to) to defraud creditors/offended party;
Has committed fraud in contracting the obligation or in the commission of the act giving rise to civil liability;
Is not amenable to ordinary process or cannot be found despite diligent effort; and comparable bad-faith, asset-flight, or fraud scenarios recognized for civil attachment.

You need specific facts—not mere conclusions—supporting at least one ground.

4) Who may apply; what to file (checklist)

Applicant: the offended party/private complainant (or counsel) in the criminal case where the civil action is deemed instituted.

File with the same court trying the criminal case (MeTC/MTC/RTC, as the case may be).

Paperwork (all verified/under oath):

Application/Motion for Writ of Preliminary Attachment in the criminal case, stating the ground(s) and the amount to secure (your civil claim, interest, damages, costs).
Applicant’s Affidavit: facts showing the existence of the civil claim, cause of action, and attachment ground(s); confirm that the case is one where the civil action is deemed instituted.
Applicant’s Bond (attachment bond) in an amount the court fixes—often equal to your claim—to answer for damages if the writ turns out to be wrongful or improperly issued.
Supporting Exhibits: complaint-affidavit, receipts, contracts, medical bills, valuation, proof of flight risk/fraud (messages, transfers, listings).

Ex parte issuance is allowed (the court may grant the writ without prior hearing to prevent asset flight), but due process follows (the accused can move to discharge or post counter-bond).

5) Scope of property; how the sheriff implements

Attachable property of the accused (not of third persons) that is not exempt from execution, including:

Real property (levy and annotation at the Registry of Deeds);
Personal property capable of manual delivery (sheriff takes custody) or registered movables (LTO/Marina, etc.);
Debts/credits owing to the accused, bank accounts, receivables (garnishment)—served on the bank/debtor to hold funds;
Shares and other intangibles (served on the corporation/transfer agent).

Exemptions still apply (family home and other statutory exemptions; wages beyond allowable limits; property in custodia legis; and special-law protections). Note: foreign-currency deposits are specially protected by law and are generally not garnishable absent narrow, exceptional circumstances; ordinary peso deposits may be garnished through a court writ served on the bank.

Sheriff’s packet served on the accused (and on garnishees) includes: the writ, the court order, the applicant’s bond, and the application/affidavit.

6) After issuance: what the accused can do (defenses & remedies)

Move to Discharge/Quash the Attachment by showing:
- The writ was improperly or irregularly issued (no valid ground; defective affidavit/bond; wrong case because civil action not deemed instituted);
- The property is exempt; or
- Post a Counter-Bond (cash or surety) equal to the amount fixed in the writ—this lifts the levy and substitutes the bond as security.
Traverse the grounds: file an opposition with counter-affidavits and proof (e.g., proof of residence, legitimate transfers long predating the case, lack of fraud).
Damages on the applicant’s bond: if the court later rules the attachment wrongful, the accused may recover actual damages (and sometimes attorney’s fees) against the bond after proper motion and hearing.

No overlap with bail. Bail secures the accused’s appearance in the criminal case (for the State). Attachment secures the private complainant’s civil claim. One cannot be substituted for the other.

7) Interaction with other asset measures

Asset freezes/forfeiture under special laws (e.g., anti-money laundering, drugs, graft): these are public measures that may coexist with attachment. If property is already frozen or seized, actual satisfaction of the private claim may require coordination with the seizing agency or a separate court order once judgment becomes final.
Search/seizure of evidence ≠ attachment. Evidence held by police/prosecution is not automatically a fund to pay civil liability. Attachment targets non-exempt assets to secure a future civil judgment.

8) What you can secure (amount & priority)

Amount. Ask for enough to cover: restitution (return of the thing or its value), reparation, indemnity for consequential losses, moral/exemplary damages (if claimed), interest, costs.
Priority. The levy creates a judicial lien (in rem hold) from the time of levy/annotation, ranking ahead of later voluntary encumbrances but subject to prior liens, registered interests, and statutory exemptions.

9) Due process and hearings

While issuance may be ex parte, the court should promptly hear the accused’s motion to discharge or traverse.
The burden initially lies with the applicant to show prima facie entitlement; once issued, the accused bears the burden to show impropriety/exemption or to post counter-bond.
Courts police abuse: bare allegations of fraud or flight risk, without specifics, are grounds to deny or lift the writ.

10) End-game: judgment, execution, and release of property

If the accused is convicted, the court adjudicates civil liability (unless waived/reserved). The attached property is then applied to satisfy the civil award through execution.
If the accused is acquitted, the court may still award civil liability (when the act/omission is proven but criminal guilt fails on reasonable doubt); the attachment can stand to satisfy that civil award.
If both criminal and civil liability fail, the writ is dissolved and property is released; the accused may pursue damages against the applicant’s bond for wrongful attachment.

11) Practical playbooks

For the offended party (victim)

Before filing/ASAP after filing the criminal case:
- Confirm the civil action is deemed instituted (no waiver/reservation).
- Draft a fact-rich affidavit showing a specific ground (e.g., recent attempts to sell assets, tickets to depart, sham transfers).
- Prepare clear computation of the civil claim with exhibits.
- Arrange attachment bond (talk to a surety early).
- Identify target assets (TCT numbers, plates, bank branches, employers/tenants who owe money to the accused).
- Seek ex parte issuance if flight/asset dissipation is urgent; otherwise, set for hearing.
- After levy, monitor: make sure the sheriff annotates real-property levies and serves garnishments properly.

For the accused

Act fast—move to discharge or counter-bond; you often have only days before assets are immobilized in practice.
Attack jurisdictional/technical defects (civil action not deemed instituted; no valid ground; defective oath/bond; property not yours/exempt).
If business continuity is at stake, counter-bond to lift the levy and protect operations.
Preserve records to prove damages if the writ was wrongful.

12) Common pitfalls & tips

Victim: “We’ll attach after conviction.” → By then, assets may be gone. Apply early if a ground exists.
Victim: Vague allegations (“He might sell”). → Courts require specific acts: recent listings, transfers to relatives, sudden withdrawals, travel plans—attach proof.
Accused: Ignoring garnishments. → Banks/employers served with writs can lawfully freeze/pay to the sheriff; engage counsel immediately.
Both sides: Forgetting exemptions. → Family home and other statutory exemptions still bind the writ; don’t waste time fighting over exempt assets.
Victim: Over-attaching. → Levy should be proportionate; excessive or harassing levies risk damages against your bond.
Accused: Confusing bail with attachment. → Posting bail won’t lift a civil attachment; different purposes and beneficiaries.

13) Model filings (lean outlines)

(A) Application for Writ of Preliminary Attachment (Criminal Case No. ___)

Caption of the criminal case
Allegation that civil action is deemed instituted; statement of claim amount
Ground(s) for attachment with specific facts and citations to annexes
Prayer for ex parte issuance and for the sheriff to levy on identified property; approval of attachment bond

(B) Applicant’s Affidavit

Identity and capacity; brief case background
Detailed chronology evidencing fraud/flight/concealment
Computation of civil claim (table)
Verification and certification against forum shopping (as counsel advises)

(C) Motion to Discharge/Lift Attachment (for the accused)

Grounds: no civil action deemed instituted, no valid ground, exemption, irregular issuance, or counter-bond filed
Supporting affidavits/receipts; prayer for damages against applicant’s bond (if warranted)

14) Quick FAQs

Q: Can I attach property titled in a relative’s name? A: Only property of the accused is attachable. If you can show a sham transfer/fraudulent conveyance, pursue independent civil remedies (e.g., action to rescind/annul transfer) and, where allowed, seek levy once title is judicially pierced.

Q: Does acquittal automatically dissolve the writ? A: Not always. If the court still finds civil liability (on preponderance), the attachment may subsist to secure that civil award.

Q: Can we garnish salaries? A: Limited by statutory exemptions/ceilings and employer rules; courts are cautious about wage garnishment.

Q: Are bank deposits fair game? A: Peso deposits can be garnished through a writ served on the bank. Foreign-currency deposits are generally protected by confidentiality laws—consult counsel for narrow exceptions.

Bottom line

Preliminary attachment is the victim’s early security for civil recovery inside a criminal case—powerful, but technical.
Apply early, plead specific grounds, post bond, and target non-exempt assets.
The accused can lift the levy by counter-bond or by showing impropriety/exemption, and may recover damages for wrongful attachment.
Coordinate attachment with other asset measures and keep your paper trail clean to convert levy into actual satisfaction once judgment on the civil aspect comes.

want help drafting the application/affidavit (or a motion to discharge) for your specific case? tell me your court level, the claim amount, any proof of asset flight/fraud, and what assets you know of, and I’ll produce filing-ready drafts and a sheriff’s implementation checklist.