Is the sheriffs action as regards the attachment

Assignment Help Business Law and Ethics

Reference no: EM133362169

FACTS

On March 3, 1997, Shokott from Davao purchased two (2) brand new industrial refrigerators from XY Company (XYC) in Manila through its employee Mangtomas, amounting to a total of Php100,000.00. On May 10, 1997, due to major defects, Shokott personally returned the refrigerators to XYC and requested that they be replaced. Mangtomas received the returned refrigerators and promised to send him the replacement units within two (2) weeks from May 10, 1997. Time passed and Shokott did not receive the replacement units as promised. XYC informed him that there were no available units and that it could not refund the purchased price. Despite several demands, both oral and written, Shokott was never given a replacement or a refund. The demands caused Shokott to incur expenses in the total amount of Php55,800.00. Thus, Shokott filed a complaint for damages. Summons was served upon XYC and Mangtomas, afterwhich they filed their Answer, verified by Mangtomas himself and a certain Elton John (EJ). XYC and Mangtomas did not present any evidence during the trial.

The RTC found that the two (2) refrigerators were defective and that XYC and Mangtomas failed to replace the same or return Shokott's money. After obtaining a favorable judgment from the RTC, Sheriff Rickets went to the main office of the
Department of Transportation and Communications, Land Transportation Office (DOTC-LTO), Quezon City, and verified whether Mangtomas, XYC and Gray
had personal properties registered therein. Sheriff Rickets found out that there are vehicles registered in the name of the General Manager, Gray.
Thus, Sheriff Rickets proceeded with attachment of Gray's properties.
Gray, on the other hand, questioned such attachment citing that he was not impleaded in the case.

QUESTION:

Is the Sheriff's action as regards the attachment of Gray's property correct? Why or why not?

Reference no: EM133362169

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