Annotation of Levy

Similarly, in Pacific Commercial Co. v. Geaga, the Court held that although the Register of Deeds may properly reject an attachment where it appears that the titles involved are not registered in the name of the defendants (debtors), that rule yields to a case where there is evidence submitted to indicate that the defendants have present or future interests in the property covered by said titles, regardless of whether they still stand in the names of other persons. The fact that the present interests of the defendants are still indeterminate, and even though there was no judicial declaration of heirship yet, is of no consequence for the purpose of registering the attachment in question. This is the case since what is being attached and what may be later sold at public auction in pursuance of the attachment cannot be anything more than whatever rights, titles, interests and participations which the defendants may or might have in the property so attached. In other words, if they had actually nothing in the property, then nothing is affected and the property will remain intact. This rule is expressed in Section 35, Rule 39 of the old Rules of Civil Procedure (Spouses Anselmo and Priscilla Bulaong Vs. Veronica Gonzales, G.R. No. 156318. September 5, 2011)