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PROVISIONAL REMEDIES b. incurring the obligation

PAST EXAMS
I.A
Grounds for each Provisional Remedies:
PRELIMINARY ATTACHMENT:
(a) In an action for the recovery of a specified
amount of money or damages:
a. other than moral and exemplary
b. on a cause of action arising from law,
contract, quasi-contract, delict or
quasi-delict
c. against a party:
i. who is about to depart from
the Philippines
ii. with intent to defraud his
creditors;
(b) In an action for money or property:
a. embezzled or
b. fraudulently misapplied or
c. converted to his own use by [in the
course of his employment as such]:
i. a public officer, or
ii. an officer of a corporation, or
iii. an attorney,
iv. factor,
v. broker,
vi. agent, or
vii. clerk,
viii. by any other person:
1. in a fiduciary capacity,
or
2. for a wilful violation of
duty;
(c) In an action to recover the possession of
property:
a. unjustly or fraudulently taken,
b. detained or
c. converted,
d. when the property, or any part thereof,
has been:
i. concealed,
ii. removed, or
iii. disposed of
iv. to prevent its being:
1. found [by the applicant
or an authorized
person] or
2. taken by the applicant
or an authorized
person;
(d) In an action against a party who has been
guilty of a fraud:
a. in contracting the debt or
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i. upon which the action is
brought, or
c. in the performance thereof;
(e) In an action against a party who:
a. has removed or disposed of his
property, or
b. is about to do so,
c. with intent to defraud his creditors; or
(f) In an action against a party who:
a. does not reside and
b. is not found in the Philippines, or
c. on whom summons may be served by
publication.
PRELIMINARY INJUNCTION:
A preliminary injunction may be GRANTED when it is
established:
(a) That:
a. the applicant is entitled to the relief
demanded, and
b. the whole or part of such relief
consists:
i. in restraining the
commission or
continuance of the act or
acts complained of, or
ii. in requiring the
performance of an act or
acts either for a limited
period or perpetually;
(b) That the commission, continuance or non-
performance of the act or acts complained
of [DURING THE LITIGATION] would
probably work injustice to the applicant;
or
(c) That a party, court, agency or a person is:
a. doing,
b. threatening, or
c. attempting to do, or
d. procuring or
e. suffering to be done some act or
acts probably
i. in violation of the rights of
the applicant respecting
the subject of the action or
proceeding, and
ii. tending to render the
judgment ineffectual.
RECEIVERSHIP:
Granted in the following cases:
(a) When it appears from:
a. the verified application, and
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b. such other proof as the court may
require
c. that:
i. the party applying for the
appointment of a receiver
has an interest in the
property or fund which is
the subject of the action or
proceeding, and
ii. such property or fund is in
danger of being lost,
removed, or materially
injured unless a receiver
be appointed to administer
and preserve it;
(b) When it appears:
a. in an action by the mortgagee for
the foreclosure of a mortgage
b. that:
i. the property is in danger of
being wasted or dissipated
or materially injured, and
ii. its value is probably
insufficient to discharge
the mortgage debt, or
iii. the parties have so
stipulated [value is
probably insufficient] in the
contract of mortgage;
(c) AFTER JUDGMENT:
a. to preserve the property during the
pendency of an appeal, or
b. to dispose of it according to the
judgment, or
c. to aid execution when:
i. the execution has been
returned unsatisfied or
ii. the judgment obligor
refuses to apply his
property in satisfaction of
the judgment, or
iii. otherwise to carry the
judgment into effect;
(d) Whenever in other cases it appears that
the appointment of a receiver is:
a. the most convenient and
b. feasible means of:
i. preserving,
ii. administering, or
iii. disposing of the property
in litigation.
REPLEVIN:
(a) That the applicant:
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a. is the owner of the property
claimed
i. particularly describing it, or
b. is entitled to the possession
thereof;
(b) That the property is wrongfully detained by
the adverse party,
a. alleging the cause of detention
thereof according to the best of
his knowledge, information, and
belief ;
(c) That the property has not been:
a. distrained or
b. taken for:
i. a tax assessment or
ii. a fine pursuant to law or
c. seized under a writ of execution or
preliminary attachment, or
d. otherwise placed under custodia
legis, or
e. if so seized, that it is exempt from
such seizure or custody; and
(d) The actual market value of the property.
SUPPORT PENDENTE LITE:
For as long the claiming party shows facts entitling
him of such support with grounds of such claim and
the financial conditions of both parties were
established.
I.B
Provisional Remedies requiring the
posting of Bond:
(Purpose of the bonds)
PRELIMINARY ATTACHMENT
The bond shall be for:
 all the costs which may be adjudged to the
adverse party and
 all damages which he may sustain by reason
of the attachment
PRELIMINARY INJUNCTION
 applicant will pay to such party or person all
damages which he may sustain by reason of
the injunction or temporary restraining order if
the court should finally decide that the
applicant was not entitled thereto.
RECEIVERSHIP
 Applicant’s: the applicant will pay such party
all damages he may sustain by reason of the
appointment of such receiver in case the
applicant shall have procured such
appointment without sufficient cause.
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II.A & II.B no full merit answer
 Receiver’s: to make sure he will faithfully *The topic was under Support
discharge his duties in the action or proceeding
and obey the orders of the court. What are the main actions where you can claim
support pendente lite?
REPLEVIN
The bond shall be: The main action where support pendente lite may be
 for the return of the property to the adverse claimed are as follows:
party if such return be adjudged, and
 for the payment to the adverse party of such 1. Action for support
sum as he may recover from the applicant in 2. Acknowledgement of the child
the action. 3. Declaration of nullity of marriage
4. Annulment of Marriage
5. Legal Separation
I.C 6. Rape when it results in an offspring
COUNTERBONDS available to the adverse party is 7. VAWC cases
each provisional remedy: 8. Action for custody
9. Compel recognition of an illegitimate child
In Preliminary Attachment
 The counterbond may be filed BEFORE/ Who is entitled to legal support?
AFTER/even AFTER issuance or
enforcement of the writ. Article 195 of the Family Code provides for the list of
 It shall be liable as security of judgment if who is entitled to legal support as follows:
attaching party is really entitled thereto.
Article 195. Subject to the provisions of the
In Preliminary Injuction succeeding articles, the following are obliged to
 The counterbond may be filed in an amount support each other to the whole extent set forth in the
fixed by the court, preceding article:
 if it appears after hearing that although the
applicant is entitled to the injunction or (1) The spouses;
restraining order, the issuance or continuance (2) Legitimate ascendants and descendants;
thereof, as the case may be, would cause (3) Parents and their legitimate children and the
irreparable damage to the party or person legitimate and illegitimate children of the latter;
enjoined while the applicant can be fully (4) Parents and their illegitimate children and the
compensated for such damages as he may legitimate and illegitimate children of the latter;
suffer. and
(5) Legitimate brothers and sisters, whether of full
In Receivership or half-blood.
 The counterbond may be filed in an amount
fixed by the court for the denial of the
What is the basis for granting support?
receivership
 to the effect that such (adverse) party will pay
Article 203 of the Family Code: The obligation to give
the applicant all damages he may suffer by
support shall be demandable from the time the person
reason of the acts, omissions, or other matters
who has a right to receive the same needs it for
specified in the application as ground for such
maintenance, but it shall not be paid except from the
appointment.
date of judicial or extra-judicial demand.
In Replevin
Support pendente lite may be claimed in accordance
 The counterbond may be filed for the return of with the Rules of Court.
property at any time before the delivery of
property to the applicant Payment shall be made within the first five days of each
 Amount of counterbond shall be double the corresponding month or when the recipient dies, his
value of the property as stated in the heirs shall not be obliged to return what he has
applicant’s affidavit received in advance.
 The counterbond shall be for the payment of
such sum, to the applicant as may be In determining whether to grant the application for
recovered against the (him) adverse party. support pendente lite, what factors must the court
consider?

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The pertinent facts and the sufficiency of the
evidence presented. It must show a clear and
satisfactory proof that the applicant is entitled for
support pendente lite.
In a hearing for support pendete lite, the parties must
submit and present evidence to prove the grounds
which they anchor their claims on.
E.g. Support on the ground of marriage. If the
defendant negates the claim, the petitioner must
prove the fact of marriage.
It is after the presentation of evidence that the court
will determine the facts of the case which shall be the
basis of its decision with regard to the question
whether or not support pendete lite should be granted
In determining the amount of support pendente
lite, what should the court consider? What are
the factors?
1. The necessities of the applicant
2. The resources or means of the adverse party
3. The terms of payment or mode for providing the
support
What are the possible defenses that can be
invoked in an application for support pendete
lite?
1. Denial of Paternity
2. Non-existence of marriage
3. Death of Recipient
4. Improper conduct of the person seeking
support
What is the quantum of proof required in
applications for support pendete lite?
When a denial has been made by the defendant, the
quantum of proof is clear and satisfactory proof.
However, if no denial was made and there is
admission, there is no need to present evidence.
III.A
No. The application for appointment of a receiver is not
proper.
For receivership to prosper, applicant must show:
a. That he has interest over the property
b. That the property is in danger of being wasted,
dissipated or materially injured.
c. That the property is neither in the possession
of the parties.
In this case, the claim of Daisy and Rosa is over the
portion of land allowed by them for Adelfa to stay but
there is no allegation that such land is in danger of
being wasted (in fact it was used for planting),
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dissipated or martially injured. Further, Adelfa
possessed the property.
Here, what was in danger is their share over the profits
which is only the fruit of the property.
Hence, the appointment of receivership is not proper.
III.B
No. Granting that receivership is proper, Daisy should
not be made a receiver.
A receiver must be indifferent to the parties,
disinterested to the case and impartial in his duty. As a
rule, the receiver must not be any of the parties.
Daisy is one of the plaintiff, hence she should not be a
receiver.
IV.A
Yes, there is a ground but only against GREY CORP.
excluding the sureties.
One of the grounds in Preliminary Attachment is that
the main action is against the party who is guilty of
fraud on contracting debt or incurring obligations or in
the performance thereof.
Here, the one who is guilty of fraud in the performance
of obligation is only Grey Corp. excluding its sureties.
That facts that they:
i. Failed to turn over the goods
ii. remit the proceeds thereof
were committed during the performance of the
obligation.
Hence, there is a ground.
IV.B
The following are the BASIC REQUISITES for the
issuance of the attachment writ:
1. Affidavit stating that:
 There is sufficient cause of action
 The case is among those mentioned
under Section 1 of Rule 57
 No other sufficient property to satisfy
the claim
 The amount due or value of property to
recover is as much as that in the order
granted , above all legal claims;
2. Ex parte hearing in some cases particularly
Sec. 1 (f) of Rule 57, where order is issued, a
bond is posted and the writ is issued, followed
with contemporaneous service of summons,
BUT
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3. If NOT EX PARTE, there must be prior or
contemporaneous service of summons
4. Summary hearing after service of affidavit or
summons
5. Issuance of order of attachment fixing the bond
6. Posting of bond
7. Issuance of the writ of attachment
V.A
No. MTCC is NOT correct in issuing the writ.
Writ of Replevin is an ancillary writ and is dependent
on the main action. The dismissal of the main action is
a ground for the discharge or denial of then writ.
MTCC’s jurisdiction is only for P300, 000 and below for
claim of damages.
Hence, it has no jurisdiction to decide the main case. It
follows that the writ should not be issued.
V.B
Yes. The RTC should issue the writ of preliminary
injunction.
For the writ to be issued, the applicant must show his
RIGHT IN ESSE founded on law or enforceable right
as a matter of law and will suffer great and irreparable
injury before matters are heard on notice.
Millennial as owner of the car may terminate the lease
per month since the term of payment is by moth.
Having terminated it, Gen X no longer has the right to
lease the property. Further non-payment of rentals and
continuous possession of Gen X of the property, in
effect is an irreparable damage to Millennial.
Hence, mandatory injunction is proper.
Further, prohibitory injunction should also be issued
considering that MTCC has no jurisdiction to try the
case.
V.C
The remedies available to Gen X are:
a. object the sufficiency of the bond
b. file a counterbond
c. motion to dissolve for improper
implementation of the writ (as held in Rivera
vs. Vargas)
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no jurisdiction to issue such. Hence, no proper
issuance and implementation of the writ.
V.D
The forklift shall be returned to Gen X.
Upon dismissal of the main case, the ancillary remedy
of the writ of replevin is dissolved and is automatically
vacated since it is merely an ancillary remedy which
cannot stand by itself or is dependent in the main
action.
Hence, the forklift should be properly returned to the
original possessor thereof. The writ becomes functus
officio and of no effect.
VI.A
TERCERIA is a remedy available to a third party
claimant of a property to be attached or replevied.
It is made by executing an affidavit of his right or
ownership thereof, serving it to the sheriff
implementing the writ and to the applicant.
This in effect would have the sheriff not bound to keep
the property or deliver it to the applicant UNLESS:
 a bond is filed by the applicant in an amount
not less than the value of the property.
Terceria is available in a preliminary attachment, for
as long as the property is in custodial egis, and in
replevin, in which case, terceria is available withon 5
days from actual seizure of the property.
The requirement of bond does not apply to the
Republic or duly authorized representative and in case
the sheriff shall be held liable, it shall be national
treasury who shall pay and he will be represented by
the Solicitor General.
The claim against the bond by the 3rd party claimant is
only available within 120 days from filing of such.
VI.B
The DOCTRINE OF NON-JURISDICTION is
particularly applied in preliminary injunction, since the
latter is jurisdictional.
What is the doctrine of non-jurisdiction?
 As far as those acts committed outside its
jurisdiction, the court has no jurisdiction to
issue a writ of preliminary injunction. Ergo, it
cannot issue or restrain acts beyond its
territorial jurisdiction.

The last remedy is the most applicable

considering that the court issuing the same has

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EXCEPTIONS to Doctrine Of Non-Jurisdiction

a. Decano vs Edu
When the decision was issued by the head of
a government agency or administrative body
and the act to be enjoined is outside of the
territorial jurisdiction of the court where the
head office is located.

b. Dagupan vs Pano
Private corporations where the acts to be
enjoined are outside of the court’s territorial
jurisdiction. Determine the principal place of
business because that is where the directive of
the performance of those acts emanate.

 FIRST EXCEPTION:
The exception applies:

1. When decision was issued by the head of a

government agency or administrative body
and

2. the act to be enjoined is outside of the

territorial jurisdiction of the court where the
head office is located.

Reason for the exception

The rationale for the exception is equity and
practicality. The exception allows access to courts by
litigants who cannot afford to go to Manila to question
decisions of the heads of the government. The person
affected by the decision of the administrative heads
can question it and have it enjoin it by seeking a writ of
preliminary injunction within his own judicial region.

 SECOND EXCEPTION

The second exception applies when private

corporations where the acts to be enjoined are outside
of the court’s territorial jurisdiction.

This involves private corporations as oppose to

administrative heads in the first exception.

1. Corporations with principal place of

businesses in one place and
2. they will be implementing decisions
somewhere else.

Reason For The Second Exception

The reason for that because it is in the principal
place of business where the business of the
corporation is being managed by the board of directors.
Therefore you don’t have to go to the act where it is to
be implemented but you go to the place of business.
Because it could be that the implementation of the act
would be nationwide. Don’t tell me you will file for
injunction to every place where it is to be implemented?
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I.A
What is a PROVISIONAL REMEDY?
Provisional Remedy is writ and process that is
available during the pendency of the action. A litigant
may avail of provisional remedies to preserve and
protect certain rights and interests pending the
issuance of the final judgment in the case.
These remedies are provisional because they are
temporary measures availed of during the pendency of
the action; they are ancillary because they are mere
incidents in and are dependent on the result of the main
action.
The ancillary nature of provisional remedies means
that they are adjunct to the main suit. The
distinguishing factor between the resolution of the
provisional remedy and the main case lies in the
temporary character of the ruling on the provisional
relief, thus, the term "provisional”.
I.B
What are the REQUISITES for the issuance of each
provisional remedy?
PRELIMINARY ATTACHMENT:
This shall be availed of by the plaintiff, or other party
may, at the commencement of the action or at any time,
thereafter, have the property of the adverse party taken
into the custody of the court as security for the
satisfaction of a judgment that may be recovered.
 For the writ to be issued, there must be:
verified affidavit of the applicant, or some other
person who personally knows the facts
 sufficient cause of action exists
 the case is one of those mentioned in Rule 57,
Sec. 1
 that there is no other sufficient security for the
claim sought to be enforced by the action, and
 that the amount due to the applicant, or the
value of the property the possession of which
he is entitled to recover, is as much as the sum
for which the order is granted above all legal
counterclaims
 the proper and sufficient bond has been filed
PRELIMINARY INJUNCTION:
This shall be availed by the applicant requiring a party
or a court, agency or a person to refrain from a
particular act or acts (preliminary prohibitory
injunction). It may also require the performance of a
particular act or acts, in which case it shall be known
as a preliminary mandatory injunction.
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The writ shall be issued upon:
 verified application showing facts entitling the
applicant to the relief demanded and
 the whole or part of such relief consists in
1.
restraining the commission or continuance of
the act or acts complained of, or 2.in requiring
the performance of an act or acts either for a
limited period or perpetually
 must be one of the grounds provided under
Rule 58, Section 3.
 Notice with prior or contemporaneous service
of summons.
 Filing of proper and sufficient bond
 Summary hearing
RECEIVERSHIP
This shall be availed of when it is necessary to
preserve/administer the property in danger of loss,
dissipation, damage or material injury.
It shall be issued upon:
 verified application
 presence of one of the grounds as provided
under Rule 59.
 Notice and hearing
 Execution of bonds (receivership and receiver)
 Such receiver shall be sworn to his duty
REPLEVIN:
This is filed for the recovery of possession of personal
property, the applicant may,
 at the commencement of the action or
 at any time before answer,
apply for an order for the delivery of such property to
him.
For the writ to be issued, there must be:
 An affidavit stating his title or right to
possession and description of property;
 Proper and sufficient bond executed against
the adverse party, the amount of which is
double the actual market value of the property
sought to be recovered;
 Showing that:
(a) That the applicant is the owner of the
property claimed, particularly describing it, or is
entitled to the possession thereof;
(b) That the property is wrongfully detained by
the adverse party, alleging the cause of
detention thereof according to the best of his
knowledge, information, and belief;
(c) That the property has not been distrained or
taken for a tax assessment or a fine pursuant
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to law, or seized under a writ of execution or
preliminary attachment, or otherwise placed
under custodia legis, or if so seized, that it is
exempt from such seizure or custody; and
(d) The actual market value of the property.
SUPPORT PENDENTE LITE:
*at the commencement of the proper action or
proceeding, or at
*any time prior to the judgment or final order,
 a verified application for support pendente
lite may be filed by any party
 stating the grounds for the claim and
 the financial conditions of both parties, and
 accompanied by affidavits, depositions or
other authentic documents in support
thereof.
 No bond is required
I.C
The remedies for the wrongful issuance or
implementation of each of these provisional remedies
are:
1. Move for the discharge or dissolution of the
writ; and
2. File an application for damages pursuant to the
procedure in Rule 57, Section 20, upon notice
and hearing; but the award for damages shall
be included in the final judgment of the main
case. It is enforced against the applicant’s
bond.
II.A no full merit answer
CHECK GROUNDS FOR
PRELIMINARY ATTACHMENT
*on fraud
*leaving the country
*the need for specific amount
II.B
No, the writ was not properly implemented because
there was no service of summons.
There must be prior or contemporaneous service of
summons.
There must be prior of contemporaneous service of
summons, together with:
 the copy of complaint
 application for the writ
 affidavit and bond of the applicant, and
 order of the writ of attachment
for there to be a proper enforcement of the writ.
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II.C no full merit answer
*Sheriff’s duty under attachment
SATISFACTION OF JUDGMENT OUT OF
PROPERTY ATTACHED, RETURN OF SHERIFF
When will there be a satisfaction of judgment?
1. If judgment be recovered by the attaching party and
2. execution issue thereon
How will the sheriff may cause the judgment to be
satisfied out of the property attached?
1. By paying to the judgment obligee the
proceeds of all sales of perishable or other property
sold in pursuance of the order of the court, or so much
as shall be necessary to satisfy the judgment;
2. If any balance remains due, by selling so much
of the property, real or personal, as may be necessary
to satisfy the balance, if enough for that purpose
remain in the sheriff's hands, or in those the clerk of the
court;
3. By collecting from all persons having in their
possession credits belonging to the judgment obligor,
or owing debts to the latter at the time of the attachment
of such credits or debts, the amount of such credits and
debts as determined by the court in the action, and
stated in the judgment, and paying the proceeds of
such collection over to the judgment obligee.
What is the obligation of the sheriff after the
satisfaction of judgment?
1. make a return in writing to the court of his
proceedings under this section and
2. furnish the parties with copies thereof
II.D
No, the release of proceeds to Mr. Young is NOT
proper.
The amount deposited by the party against whom the
attachment was issued must not be released to the
attaching party until after there is final adjudication that
the latter is entitled to it to satisfy the judgment in his
favor.
Moreover, even if it could be released, there must first
be a hearing, which was not present in this case.
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III.A no full merit answer
*under Support Pendente Lite
What supporting documents should be attached in
a petition for support pendente lite?
•A verified application for support pendente lite o
stating the grounds for
▪the claim and the financial conditions of both parties,
and
•accompanied by
 affidavits,
 depositions or
 other authentic documents in support thereof.
After the application is made, will the court grant it
ex-parte?
No. The adverse party shall be served a copy of the
application and have the opportunity to comment. A
hearing will also take place.
Section 2. Comment. — A copy of the application and
all supporting documents shall be served upon the
adverse party, who shall have five (5) days to comment
thereon unless a different period is fixed by the court
upon his motion. The comment shall be verified and
shall be accompanied by affidavits, depositions or
other authentic documents in support thereof.
Form of the Comment:
The comment shall:
•be verified and
•shall be accompanied by
 affidavits,
 depositions or
 other authentic documents in support thereof.
Section 3. Hearing. — After the comment is filed, or
after the expiration of the period for its filing, the
application shall be set for hearing not more than three
(3) days thereafter. The facts in issue shall be proved
in the same manner as is provided for evidence on
motions.
Date of the Hearing:
 Not more than three (3) days:
•After the comment is filed, or
•after the expiration of the period for its filing
What are the possible defenses that can be
invoked in an application for support pendete lite?
1. Denial of Paternity
2. Non-existence of marriage
3. Death of Recipient
4. Improper conduct of the person seeking support
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III.B
Since it is NOT a final order subject to an appeal, the
remedy of Ben is to file an action for CERTIORARI;
alleging grave abuse of discretion amounting to lack or
excess of jurisdiction against the judge; or
He can also comply with the order, subject to
reimbursement/RESTITUTION of the paid amounts
with legal interest should it be adjudged in the action
that Ara is not entitled to support from him.
III.C
Ara may file a MOTION TO MOVE FOR EXECUTION
against Ben to satisfy the order of support pendent lite,
and to have him cited in CONTEMPT OF COURT for
unjust refusal to comply with court order.
IV.A
*DOCTRINE OF NON-JURISDICTION
IV.B
*TERCERIA
V.A
No, Mr. Tuso is not correct.
ABC Corp. has not lost its capacity to bring an action
by itself by virtue of appointment of a rehabilitation
receiver.
All that is required in this case is that the rehabilitation
receiver be INFORMED of such action and its
proceedings.
V.B
A receiver may be appointed on the following grounds:
1. When it appears from the verified application,
and such other proof as the court may require, that the
party applying for the appointment of a receiver has an
interest in the property or fund which is the subject of
the action or proceeding, and that such property or
fund is in danger of being lost, removed, or materially
injured unless a receiver be appointed to administer
and preserve it;
2. When it appears in an action by the mortgagee
for the foreclosure of a mortgage that the property is in
danger of being wasted or dissipated or materially
injured, and that its value is probably insufficient to
discharge the mortgage debt, or that the parties have
so stipulated in the contract of mortgage;
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3. After judgment, to preserve the property during
the pendency of an appeal, or to dispose of it according
to the judgment, or to aid execution when the execution
has been returned unsatisfied or the judgment obligor
refuses to apply his property in satisfaction of the
judgment, or otherwise to carry the judgment into
effect;
4. Whenever in other cases it appears that the
appointment of a receiver is the most convenient and
feasible means of preserving, administering, or
disposing of the property in litigation.
5. During the pendency of an appeal, the
appellate court may allow an application for the
appointment of a receiver to be filed in and decided by
the court of origin and the receiver appointed to be
subject to the control of said court.
V.C
1. RECEIVERSHIP BOND- for the grant of the
receivership.
2. RECEIVER’S BOND- for the issuance of the
appointment to the receiver himself or herself, there
must be a bond.
No receivership bond, effect
 If there is no receivership bond, there is no
receivership. There will be a denial of the
application for receivership.
No receiver’s bond, effect
 If there is no receiver’s bond, it will discharge
the receiver but not the remedy of receivership.
The remedy is to look for another qualified
receiver. There is still that necessity of
protecting the property. The remedy is not to
discharge the receivership but to get another
person who will qualify as receiver.
VI.A
A defendant has 2 alternative remedies against
replevin:
 To oppose the replevin on the ground of
insufficiency
 To file a counterbond in the amount double the
value stated in the application.
Lifted and edited from Ceballos and Altiso
| Tau MU
VI.B
RETURN OF PROPERTY | OPPOSING
THE REPLEVIN
In what instances can the adverse party demand
the return of the properties?
1. If the adverse party objects to the sufficiency of
the applicant's bond, or of the surety or sureties
thereon
2. At any time before the delivery of the property
to the applicant, require the return thereof if the delivery
be adjudged.
How shall the adverse party require the return of
the properties?
1. By filing with the court where the action is
pending a bond executed to the applicant
2. Serving a copy of the bond to the applicant
How much is the bond?
Double the value of the property as stated in the
applicant's affidavit
What is the condition/purpose of such bond?
For the payment of such sum, to the applicant as may
be recovered against the adverse party.
When shall the sheriff deliver the property to the
applicant?
1. if within five (5) days after the taking of the property
by the sheriff, the adverse party does not object to the
sufficiency of the bond, or of the surety or sureties
thereon;
2. if the adverse party so objects and the court affirms
its approval of the applicant's bond or approves a new
bond
3. if the adverse party requires the return of the
property but his bond is objected to and found
insufficient and he does not forthwith file an approved
bond
When must the sheriff return the property to the
adverse party, despite the instances above?
If for any reason the property is not delivered to the
applicant.
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 | Tau MU
Under whose control is the RECEIVER?
 The court in which the action or proceeding is
pending

What are the POWERS OF A RECEIVER?

1. to bring and defend, in such capacity, actions in his

own name;

2. to take and keep possession of the property in

controversy;

3. to receive rents;

4. to collect debts due to himself as receiver or to the

fund, property, estate, person, or corporation of which
he is the receiver;

5. to compound for and compromise the same; to make

transfers;

6. to pay outstanding debts;

7. to divide the money and other property that shall

remain among the persons legally entitled to receive
the same; and

8. generally to do such acts respecting the property as

the court may authorize.

Can the receiver invest the funds under his hands?

What are the requirements?

1. only by order of the court

2. upon the written consent of all the parties to the
action

What is the requisite before filing a case against a

receiver?
 Leave of the court which appointed him

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Lifted and edited from Ceballos and Altiso