PROVISIONAL REMEDIES AND INTERIM RELIEFS UNDER SPECIAL LAWS AND RULES

FAMILY COURTS HUMAN SECURITY ACT ANTI-VIOLENCE ANTI-MONEY FINANCIAL PRECAUTIONARY

(R.A 8369) (R.A 9372) AGAINST WOMEN AND LAUNDERING ACT REHABILITATION AND HOLD DEPARTURE
CHILDREN ACT (R.A 9160) INSOLVENCY ACT ORDERS
(R.A 9262)
1. RESTRAINING 1. SEIZURE AND 1. BARANGAY 1. FREEZING OF 1. STAY ORDER- shal 1. PRECAUTIONARY
ORDER- in case of SEQUESTRATION OF PROTECTION MONETARY direct the enforcement HOLD DEPARTURE
violence among ASSETS of certain ORDERS (BPOs), INSTRUMENT OR of all claims, whether ORDER (PHDO) - is an
immediate members of persons or entities are which refer to the PROPERTY- The CA, for money or otherwise order in writing issued
the family living in the authorized including protection order issued upon application ex and whether such by a court commanding
same domicile or those of a person by the Punong parte by the AMLC and enforcement is by the Bureau of
household. It is issued “suspected” of Barangay or any after determination court action or Immigration to prevent
against the defendant if terrorism as defined in available Barangay that probable cause otherwise, against the any attempt by a
the complainant or the law. (Sec 39) Kagawad ordering the exists that any debtor, its guarantors person suspected of a
victim files a verified perpetrator to desist monetary instrument and persons not crime to depart from
application for relief from committing acts or property is in any solidarily liable with ·the Philippines, which
from abuse. (Sec 7) described in the law, way related to an the debtor; provided, shall be issued ex-
may be issued after an unlawful activity as That the order shall not parte in cases involving
ex parte determination defined in the said law, cover claims against crimes where the
of the basis of the may issue a FREEZE letters of credit and minimum of the
application. It shall be ORDER which shall be similar security penalty prescribed by
effective for 15 DAYS. effective immediately. arrangements issued law is at least six (6)
The freeze order shall by a 3rd party to secure years and one (I) day
be for a period of 20 the payment of the or when the offender is
DAYS unless extended debtor’s obligation. a foreigner regardless
by the courts. (Sec 10) of the imposable
penalty.

2. TEMPORARY 2. THE RIGHT TO 2. TEMPORARY 2. AUTHORITY TO Section 4. Grounds for

CUSTODY OF THE TRAVEL of the person PROTECTION INQUIRE INTO BANK issuance. – A
CHILDREN- in all civil charged may be ORDERS (TPOs) refer DEPOSITS- precautionary hold
actions for the custody subjected to to the protection Notwithstanding the departure order shall
of children. restrictions even orders issued by the provisions of Bank not issue except upon
before judgment under court on the date of Secrecy Law and other determination by the
certain conditions. filing of the application laws, the AMLC may judge, in whose court
(Sec26) after an ex parte inquire into or examine the application is filed,
determination that any particular deposit that probable cause
such order should be or investment with any exists, and there is a
issued. It shall be banking institution or high probability that
effective for 30 DAYS. non-bank financial respondent will depart

3. In all civil actions for
support, the court may
also order (1)
SUPPORT PENDENTE
LITE, (2) Deduction
from the salary, and (3)
the use of conjugal
home and other
properties. (Sec 7)
institution, upon order from the Philippines to
of any competent court evade arrest and
in cases of violation of prosecution of crime
the act. against him or her. The
judge shall personally
examine under oath or
affirmation, in the form
of searching questions
and answers in writing,
the applicant and the
witnesses he or she
may produce on facts
personally known to
them and attaching to
the record their sworn
statements.
3. BANK DEPOSITS, 3. PERMANENT The order shall be valid
ACCOUNTS AND PROTECTION ORDER until lifted by the
RECORDS, among (PPO) refers to the issuing court as may be
others, of a person protection order issued warranted by the
charged or suspected by the court after result of the
of a crime defined notice and hearing. The preliminary
under the said law may court shall schedule a investigation.
be examined under hearing on the issuance
certain conditions, of a PPO prior to or on
notwithstanding the the date of the
Bank Secrecy Law. (Sec expiration of the TPO.
27)
Section 2. Where filed.
– The application for a
precautionary hold
departure order may
be filed by a prosecutor
with any regional trial
court within whose
territorial jurisdiction
the alleged crime was
committed.