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Question

On February 3, 2018, Danny Delucio, Sheriff of the RTC of Makati, served the Order granting the ex-parte application for preliminary attachment of Dinggoy against Dodong. The Order, together with the writ, was duly received by Dodong. On March 1, 2018, the Sheriff served upon Dodong the complaint and summons in connection with the same case. The counsel of Dodong filed a motion to dissolve the writ. (2019 BAR)

(a) Can the preliminary attachment issued by the Court in favour of Dinggoy be dissolved? What ground/s can Dodong's counsel invoke?

(b) If Dodong posts a counter bond, is he deemed to have waived any of his claims for damages arising from the issuance of the Order and writ of attachment?

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