PROVISIONAL REMEDIES

Preliminary Attachment
Preliminary Injunction/Preliminary
Mandatory Injunction
Receivershi Relevin Suort Pendente Lite
Purpose
To have property of adverse party
attached as security for the satisfaction
of judgment that may be recovered in
cases falling under Sec.1, Rule 57.
To reuire a party or a court, agency
or a person to refrain from doing a
particular act or acts or to reuire the
performance of a particular act or acts.
To place the property subject of an
action or proceeding under the control of
a third party for its preservation and
administration litis pendentia.
To recover possession of personal
property.
To compel adverse party to provide
support !hile action is pending in court.
"hen applied#
granted
$t the commencement of the action
or any time prior to the entry of
judgment.
$t any stage prior to the judgment or
final order.
$t any time prior to satisfaction of
judgment.
$t the commencement of the action but
%efore ans!er is filed.
$t the commencement of the action
or at any time prior to the judgment or
final order.
&o! applied for 'ile affidavits and applicant(s bond.
'iled verified application and
applicant(s bond) if application is included
in the initiatory pleading, the adverse
party should be served !ith summons
together !ith a copy of the initiatory
pleading and the applicant(s bond.
'ile verified application and
applicant(s bond) application may also be
included in initiatory pleading in actions
for foreclosure of mortgage.
'ile affidavits and applicant(s bond.
'ile verified application) bond not
reuired.
"ho may grant
*ourts !here action is pending, the
*$ or the S* even if action is pending in
the lo!er court.
+nly the *ourt !here the action is
pending) ,o!er *ourt, *$ or S* provided
action is pending in the same court !hich
issues the injunction.
*ourt !here action is pending, the *$
or the S* even if action is pending in the
lo!er court. $ppellate court may allo!
application for receivership be decided by
the court of origin.
+nly in the court !here action is
pending.
*ourt of origin and appellate court.
-See Ramos vs. *$.
Reuisites for
granting application
Sufficient cause of action
*ase is covered by Sec1 Rule 57
/o other sufficient security for the
claim e0ists
$mount due to applicant or value of
property he is entitled to recover is eual
to the sum !hich the order or
attachment is granted
$pplicant is entitled to the relief
demanded.
$ct#s complained of !ould !or1
injustice to the applicant if not enjoined.
$cts sought to be enjoined probably
violates applicants rights respecting the
subject of the action or proceeding.
$pplicant has interest in the property or
fund subject matter of the action or
proceeding
Property or fund is in danger of being
lost or removed or materially injured
$ppointment of receiver is the most
convenient and feasible means of
preserving, administering or disposing of
the property in litigation.
$pplicant is the o!ner of the
property claimed or is entitled to the
possession of the same.
Property is !rongfully detained by the
adverse party.
Property is not distrained or ta1en for
a ta0 assessment or a fine pursuant
to la!.
$ffidavits, depositions or other
documents should sho!, at least
provisionally, that the applicant is entitled
to receive support.
"hen property is
claimed by third
person.
"hen third2party claimant ma1es an
affidavit of his title to the property or his
right to the possession thereof, and
serves such affidavit to the sheriff and a
copy thereof to the attaching party, the
sheriff shall not be bound to 1eep the
property unless the attaching party files
a bond approved by the court to
indemnify the third2party claimant in a
sum not less than the value of the
property levied upon. *laim for damages
for the ta1ing or 1eeping the property
must be filed !ithin 134 days from filing
of the bond.
.
"hen third2party claimant ma1es an
affidavit of his title to the property or his
right to the possession thereof, and
serve such affidavit to the sheriff and a
copy thereof to the attaching party, the
sheriff shall not be bound to 1eep the
property under replevin unless the
applicant files a bond approved by the
court to indemnify the third2party claimant
in a sum not less than double the value of
the property levied upon. *laim for
damages for the ta1ing or 1eeping the
property must be filed !ithin 134 days
from filing of the bond.
!"#A
Preliminary Attachment
Preliminary
Injunction/Preliminary
Mandatory Injunction
Receivershi Relevin Suort Pendente Lite
%ond Reuirement
%ond e0ecuted to the adverse party in the amount fi0ed by the court to cover the costs !hich may be adjudged to the adverse party and all damages !hich he may sustain
by reason of the granting of provisional remedy prayed for, if the court shall finally adjudge that the applicant !as not entitled thereto.
%ond e0ecuted to the adverse party in
double the value of the property or the
return of the property to the adverse party
if such return be adjudged and for the
payment to the adverse party of such sum
as he may recover from the applicant of
the action.
/o bond reuired.
5ischarge of
remedy
%y counter2bond6 Party against !hom the provisional remedy is availed of may move for the discharge of the provisional remedy granted by filing a counter2bond in an amount
eual to that fi0ed by the court to the value of the property if !ith respect to a particular property to secure the payment of any judgment that the adverse party may recover in
the action.
/ot applicable.
*ash deposit may be made in lieu of the
counter2bond.
'iling of counter2bond made only
upon sho!ing that the issuance or
continuance thereof !ould cause
irreparable damage to the party or
person enjoined !hile the applicant can
be fully compensated for such damages
as he may suffer) counter2bond alone !ill
not suffice to discharge the injunction.
$mount of counter2bond should also be
double the value of the property.
+ther grounds6 improper or irregular
issuance or enforcement or insufficiency
of bond.
7nsufficiency of the application.
$ppointment !as obtained !ithout
sufficient cause.
5amages in case
applicant for any of
the provisional
remedies not
entitled thereto or
for any irregularity
in the procurement
of provisional
remedy.
+!ner of the property attached must file before trial or before perfection of appeal application for damages.
Party !ho availed of provisional remedy and his surety or sureties must be notified, sho!ing right to damages and amount thereof.
5amages a!arded only after proper hearing) included in judgment of the main case.
7' 895:;</T +' $PP<,,$T< *+9RT 7S '$=+R$%,< T+ T&< P$RT> $:$7/ST "&+; PR+=7S7+/$, R<;<5> "$S <''<*T<56
$pplication must be filed !ith the appellate court before the judgment of the appellate court becomes e0ecutory.
$ppellate court may allo! application to be heard and decided by the trial court.
7' %+/5 +R 5<P+S7T :7=</ %> T&< P$RT> $=$7,7/: +' T&< PR+=7S7+/$, R<;<5> %< 7/S9''7*7</T +R '$7, T+ S$T7S'> T&< $"$R56
$dverse party may recover damages in the same action.
"hen judgment or final order finds
the person !ho has been providing
support pendente lite not liable
therefor6
*ourt shall order the recipient to
return the amounts already received
!ith interest from the dates of actual
payment.
Recipient may obtain
reimbursement from the person
legally obliged to give support
-separate action must be filed for
the purpose.
7f recipient fails to reimburse the
amount, person !ho provided the
same may see1 reimbursement
from the person legally obliged to
give the support -separate action
must be filed for the purpose.
!"#$