SHARTA COURTS AND SPECIAL RULES OF PROCEDURE Book Four-

Adjudication and Settlement of Disputes and Rendition of Legal Opinions

Title 1. The Shari'a Courts
837
of this rule shall forthwith serve a copy of such bond on the other party, who
may object to the sufficiency of the bond, or of the surety or sureties thereon.
If the plaintiff's bond is found to be sufficient in amount, or if the surety or
sureties thereon fail to justify, and justification is not filed forthwith, the
injunction shall be dissolved. a bond sufficient in amount with sufficient
sureties approved after If the bond of the adverse party is found to be
insufficient in amount, or the surety or sureties thereon fail to justify a bond
sufficient in amount with sufficient sureties approved after justification is not
filed forthwith, the injunction shall be granted or restored, as the
ase may be,
Judgment to Include Damages against Party and Sureties. Upon the trial, the
amount of damages to be awarded to the plaintiff or to the defendant, as the
case may be, upon the bond of the adverse party, shall be claimed,
ascertained, and awarded under the same procedure as described in Section
20 of Rule 57,
When Final Injunction Granted. If upon the trial of the action, it appears that
the plaintiff is entitled to have the act complained of permanently enjoined,
the court shall grant a final injunction perpetually restraining the defendant
from the commission or continuance of the act or acts or confirming the
preliminary mandatory injunction.
Habeas Corpus. All cases involving illegal confinement or detention by which
a person is deprived of his liberty or by which the rightful custody of a person
is withheld from the person entitled thereto.
All other Auxiliary Writs and Processes in Aid of its Appellate Jurisdiction. -
Auxiliary means providing aid in a subsidiary or supplementary capacity; while
a writ means a legal order in writing issued by a competent court or a judicial
order commanding a person to whom it is directed to perform or refrain from
performing a specified act. Hence, auxiliary writ may be defined as an order by
a competent court granting a provisional remedy to a party in a main cause,
whereby a person to whom it is directed is commanded to perform or refrain
from performing an act which it regard as in keeping with justice, sound
conscience, and equity.

838 COMMENTARIES ON THE CODE OF MUSLIM PERSONAL LAWS OF THE

PHILIPPINES WITH JURISPRUDENCE AND SPECIAL PROCEDURE

It is akin to auxilium curiae (Lat.) which is an order of the court summoning

one party, at the suit and request of another, to appear
and warrant something.

Auxiliary writs are therefore, those provisional remedies provided under the
Rules of Court, which are:

1. Attachment;
2. Preliminary injunction;
3. Receivership;

4. Delivery of personal property; and

5. Support Pendente Lite.