Part IV: PROVISIONAL REMEDIES

I. Provisional Remedies in General

 Defined
 Nature – not a civil action; ancillary
 Purpose
 Common Requirements: Affidavits of Merit except in receivership
Bond to answer for damages
except TRO and support pendete lite

 Provisional Remedies under the Rules of Court (our topic)

 Preliminary Attachment
 Preliminary Injunctions
 Receivership,
 Replevin,
 Support Pendente Lite

 Provisional Remedies in Criminal Cases

 Civil action deemed instituted with the criminal action
 Hold departure Orders

 Provisional Remedies under Special Laws

 TPO under RA No. 9262
 Prov Remedies under RA No. 11479
 Protective Orders under RA No. 9775
 Freeze Order Under RA No. 9194
 Protective Orders for Victims and Witnesses under RA No. 9851

 Provisional Remedies under other Supreme Court Issuances

 Provisional Remedies under A.M. No. 07-9-12-SC
 Provisional Remedies under A.M. No.00-8-10-SC
 Provisional Remedies under A.M. No. 02-11-12-SC
 Provisional Remedies under A.M. No.09-6-8-SC
 Provisional Remedies under A.M. No.03-04-04SC

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II. Provisional Remedies under the Rules of Court

A. Preliminary Attachment (Rule 57)

 Defined
 Nature of Attachment Proceedings
1. Ching Liu v Mercado, L-45290, April 19, 1939

 Purpose of Attachment
1. PCIB v Alejandro, G.R. No. 175587, September 21, 2007

 When to avail?
1. Uy v Court of Appeals, G.R No. 95550, November 23, 1992

 Who may Avail?

 Duration of the Attachment
1. Chunaco v Alano, L-4046, January 23, 1952

 Classes – a) Preliminary Attachment; b) Final Attachment; c) Garnishment

 Grounds for Preliminary Attachment

1. Aboitiz v Cotabato Bus line Co, G.R No. L-35990, June 17, 1981
2. K.O. Glass Construction Co. v Valenzuela, G.R No. L-48756, Sept 11, 1982
3. Olson & Co v Olson, GR No. L23237, November 14, 2925
4. Santos v Bernabe, G.R No. 31163, November 6, 1929
5. People’s Bank & Trust Co. v Syvels, G.R. No. L-29280 August 11, 1988
6. Malhe v De Lencquesaing, G.R. No. L-67715 July 11, 1986
7. Mabanag v Gallemore, G. R No. L-825, July 20, 1948

 How is a Writ of Attachment Issued (Section 2)

1. Sievert vs Court of Appeals, G.R. No. 84034 December 22, 1988
2. Cuartero v Court of Appeals, G.R. No. 102448 August 5, 1992

 What properties maybe attached?

 Requirements for the Issuance of a Writ of Preliminary Attachment (Sec 3)

1. Guzman v Catolico, G.R. No. L-45720 December 29, 1937

 Condition of Applicant’s Bond (Sec.4 )

1. Calderon v IAC, G.R. No. 74696 November 11, 1987

 Manner of Attaching Property (Sec 5)

1. Onate v Abrogar, G.R. No. 107303. February 23, 1995

 When should Sheriff make the Return (Sec 6)

 How Attachment Made on Real property (Sec 7)

1. Obana v Court of Appeals,
2. Valdevieso v Damalerio, G.R. No. 133303 February 17, 2005

 How attachment made on Personal Properties (Sec 7)

1. Rural Bank of Sta. Maria v Manila Mission, G.R. No. 130223, August 19, 2009
2. Roque v Court of Appeals, G.R. No. L-42594 October 18, 1979

 Effect of Attachment on Interest, Debts and Credits and all other similar personal
property (Sec 8)
1. RCBC v Castro, G.R. No. L-34548 November 29, 1988

 Effect of Attachment of Interest in property belonging to the estate of a decedent

(Sec 9)

 Examination of party whose property is attached and persons indebted to him or

controlling his property (Sec 10)

 When attached property maybe sold (exception to the GR that property is not sold
(Sec 11)

 Discharge of attachment (Sec 12)

1. Grounds
2. Counterbond
 Security Pacific v Tria-Infante, G.R. NO. 144740, August 31, 2005
 3. Question the improper issuance

 Discharge of Attachment on other grounds (Sec 13)

1. Calderon v Court of Appeals,

 Proceedings when property claimed by third persons (Sec 14)

 Satisfaction of Judgment out of property attached; balance due, Excess delivered

(Sec 15, 16)

 Recovery from the Counter bond (Sec 17)

1. Luzon Steele v Sia, G.R. No. L-26449, May 15, 1969

 Disposition of money deposited; Disposition of Attached property (Sec 18, 19)

 Claim for Damages (Sec 20)

1. Requisites for Recovery of Damages
2. Extent of Damages

 Remedies under the law if your property is wrongfully attached? Recall past lessons
1. Third Party Claim (Terceria)
2. Independent Action
3. Motion for Intervention under Rule 19 (no judgment yet)
4. Motion to Discharge or motion to quash writ

B. Preliminary Injunction and Temporary Restraining Order (Rule 58)

 Injunction defined

 Injunction – it can be main action or ancillary action

 Kinds of Injunction
A. Preliminary Injunction – has 2 types (Sec 1)
 Preventive/ Prohibitory Preliminary Injunction
 Mandatory Preliminary Injunction
B. Permanent of Final Injunction (Sec 9)

 Requisites of Preliminary Injunction

 Cahambing v Espinosa, G.R. No. 215807, January 25, 2017

 Meaning of Status quo ante

 First Global v Agustin, G.R No.144499, Feb 19, 2002

 Can Injunction lie against a head of a government agency?

 DOH v Pharmawealth, G. R. No. 169304, March 13, 2007

 Courts should avoid issuing a writ of PI which would in effect dispose of the main
case without trial
 Searth Commodities vs Court of Appeals, G.R> No. 64220, March 31,
1992

 Who may grant preliminary Injunction (Sec 2)

 Enforceability of the writ of injunction:

1. SC or CA throughout the country
 2. RTC, MTC Limited to acts committed or to be committed within the court’s
territorial jurisdiction

 Exceptions:
 Decano vs Edu, G.R. No. L-30070 August 29, 1980
 Dagupan Electric v Pano, G.R. No. L-49510 January 28, 1980

 Can a court Issue a WPI to interfere with the judgment, process of a co-equal court?
 Heirs of the Late Spouses Laura Yadno vs Heirs of the Late Spouses
Anchales, G.R No. 174582, Octoebr 11, 2012
 Exceptions:
 Manila Herald v IAC, G.R No. L-4268, January 18, 1951

 Grounds for Issuance of Preliminary Injunction (Sec 3)

1. Substantial and material invasion of a right
2. Clear right
3. Urgency and necessity

 Nature of evidence to be submitted in hearing WPI

1. Syndicated Media Access Corp v CA 219 SCRA 784, March 11, 1993

 How to apply for Preliminary Injunction & Temporary restraining Order (Sec 4)
1. Bond

 Hearing and Prior Notice on preliminary Injunction (Sec 5)

 Can there be an Injunction issued ex-parte?

 Temporary Restraining Order

1. What is a restraining order?
2. Who issued?
3. Is bond required?
4. Duration 72 hours, 20 days, 60 days
5. Ground: Extreme Urgency, rage injustice, irreparable injury
6. Requisites: Affidavit and Bond

 Universal Motors v Rojas, AM No. RTJ-03-1814, May 26, 2005

 Grounds for Objection or dissolution of an injunction (Sec 6)

1. Counterbond
 Purpose of Service of Copies of Bonds (Sec 7)

 Effect if Bond/ Counterbond is insufficient.

 How to claim against the bond (Sec 8)

1. Sec 20, Rule 57
 When final injunction granted (Sec 9)

 Effect of Final Injunction to the Earlier Issued WPI

1. Kho v Court of Appeals, 115758, March 19, 2002

 Instances when Injunction is proper

 Instances when Injunction not proper