Preliminary Attachment Preliminary

I nj unction/Preliminary
Mandatory I nj unction
Receivership Replevin Support 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.

1. in an action to recover
money or damages other than
moral and exemplary, on a
COA arising from law,
contract, quasi-contract, delict
or quasi-delict against a party
about to depart from Phils with
intent to defraud creditors

2. in action for money or
property embezzled or
fraudulently misapplied or
converted to his own use by a
public officer or corporation
officer or an attorney, factor,
broker, agent, or clerk in
course of employment as such,
or by any other person in a
fiduciary capacity, or for
willful violation of duty;

3. in an action to recover
possession of property unjustly
or fraudulently taken, detained
or converted when such
property has been concealed,
removed or disposed of to
prevent its being found or
taken by applicant or
authorized person

4. in an action against a
party who was guilty of fraud
in contracting a debt or
incurring the obligation upon
which action is brought or in
performance thereof

5. in action against party
who has removed or disposed
of his property, or is about to
do so, with intent to defraud
creditors

6. in an action against a
non-resident not found in the
To require a party or a court, agency
or a person to refrain from doing a
particular act or acts or to require 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 while
action is pending in court


Preliminary Attachment Preliminary
I nj unction/Preliminary
Mandatory I nj unction
Receivership Replevin Support Pendente Lite
Philippines or on whom
summons may not be served
by publication.
When
applied/granted
At the commencement of the
action or at any time prior to
the entry of judgment
At any stage prior to the judgment
or final order
At any time prior to satisfaction of
judgment
At the commencement of the
action but before answer is
filed
At the commencement of
the action or at any time
prior to the judgment or
final order
Who applies Plaintiff or any proper party


How applied for
File aIIidavits and applicant`s
bond
- Bond conditioned
that applicant will
pay all costs which
may be adjudged to
adverse party and all
damages ha may
sustain by reason of
the attachment if
court should finally
adjudge applicant
was not entitled
thereto.

Ex parte or upon motion with
notice and hearing
File verified application and
applicant`s bond; iI application is
included in the initiatory pleading,
the adverse party should be served
with summons together with a copy
of the initiatory pleading and the
applicant`s bond

File veriIied application and applicant`s
bond; application may also be included
in initiatory pleading in actions for
foreclosure of mortgage



File aIIidavits and applicant`s
bond
File verified application;
bond not required


Who may grant
Court where action is pending,
the CA or the SC even if
action is pending in the lower
court

*Several writs may issue at the
same time to sheriffs of the
courts of different judicial
regions
Only the Court where the action is
pending; Lower Court, Ca or SC
provided action is pending in the
same court which issues the
injunction.
Court where action is pending, the CA
or the SC even if action is pending in
the lower court. Appellate court may
allow application for receivership be
decided by the court of origin.


Only in the court where action
is pending



Court of origin and
appellate court. (See Ramos
v. CA)
Requisites for
granting
application
The affidavit of applicant or
some person who knows the
facts must show:
x Sufficient cause of action
x Case is covered by
section 1 Rule 57
x No other sufficient
security for the claim
exists
x Amount due to applicant
or value of property he is
entitled to recover is
equal to the sum for
which the order of
attachment is granted

*affidavit and bond must be
x Applicant is entitled to the
relief demanded
x Act/s complained of would
work injustice to the applicant
if not enjoined
x Acts sought to be enjoined
probably violates applicants
rights respecting the subject of
the action or proceeding
x Applicant has interest in the
property or fund subject matter of
the action or proceeding
x Property or fund is in danger of
being lost removed or materially
injured
x Appointment of receiver is the
most convenient and feasible
means of preserving, administering
or disposing of the property in
litigation
x Applicant is the owner
of the property claimed
or is entitled to the
possession of the same
x Property is wrongfully
detained by the adverse
party
x Property is not distrained
or taken for a tax
assessment or a fine
pursuant to law
x Affidavits, depositions
or other documents
should show, at least
provisionally, that the
applicant is entitled to
receive support


Preliminary Attachment Preliminary
I nj unction/Preliminary
Mandatory I nj unction
Receivership Replevin Support Pendente Lite
filed before order issues
Where property is
claimed by third
person
When third-party claimant
makes 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 keep the
property unless the attaching
party files a bond approved by
the court to indemnify the
third-party claimant in a sum
not less than the value of the
property levied upon. Claim
for damages for the taking or
keeping the property must be
filed within 120 days from
filing of the bond.
When third-party claimant
makes 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 keep the
property under replevin unless
the applicant files a bond
approved by the court to
indemnify the third-party
claimant in a sum not less
than double the value of the
property levied upon. Claim
for damages for the taking or
keeping the property must be
filed within 120 days from
filing of the bond.



Bond requirement


Bond executed to the adverse party in the amount fixed by the court to cover the costs which may be adjudged to
the adverse party and all damages which he may sustain by reason of the granting of provisional remedy prayed for,
if the court shall finally adjudge that the applicant was not entitled thereto
Bond executed to the adverse
party in double the value of
the property for 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



No bond required








Discharge of
remedy




By counter-bond: Party against whom the provisional remedy is availed of, may move for the discharge of the provisional remedy granted by filing
a counter-bond in an amount equal to that fixed by the court or equal to the value of the property if with respect to a particular property to secure the
payment of any judgment that the adverse party may recover in the action






Not applicable.


Preliminary Attachment Preliminary
I nj unction/Preliminary
Mandatory I nj unction
Receivership Replevin Support Pendente Lite



Cash deposit may be made in
lieu of the counter-bond
Filing of counter-bond made only
upon showing that the issuance or
continuance thereof would cause
irreparable damage to the party or
person enjoined while the applicant
can be fully compensated for such
damages as he may suffer ; counter-
bond alone will not suffice to
discharge the injunction.



Amount of counter-bond
should also be double the
value of the property

Other grounds: improper or
irregular issuance or
enforcement or insufficiency
of the bond

Insufficiency of the application

Appointment was obtained without
sufficient cause

Damages in case
applicant for any
of the provisional
remedies not
entitled thereto or
for any
irregularity in the
procurement of
provisional
remedy



x Owner of property attached must file before trial or before perfection of appeal application for damages
x Party who availed of provisional remedy and his surety or sureties must be notified , showing right to damages and amount thereof
x Damages awarded only after proper hearing; included in judgment of the main case

If judgment of appellate court is favorable to the party against whom provisional remedy was effected:

x Application must be filed with the appellate court before the judgment of the appellate court becomes executory
x Appellate court may allow application to be heard and decided by the trial court

If bond or deposit given by the party availing of the provisional remedy be insufficient or fail to satisfy the award:

x Adverse party may recover damages in the same action



When judgment or final
order finds the person who
has been providing support
pendente lite not liable
therefor:

x Court shall order the
recipient to return the
amounts already
received with interest
from the dates of
actual payment
x Recipient may obtain
reimbursement from
the person legally
obliged to give support
(separate action must
be filed for the
purpose)
x If recipient fails to
reimburse the amount,
person who provided
the same may seek
reimbursement from
the person legally
obliged to give the
support (separate
action must be filed
for the purpose)