PROVISIONAL REMEDIES

Preliminary Attachment

Preliminary Injunction/Preliminary
Mandatory Injunction

Receivership

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.

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

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

File affidavits and applicants bond

File verified application and

applicants bond; application may also
be included in initiatory pleading in
actions for foreclosure of mortgage
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.

Applicant has interest in the

property or fund subject matter of
the action or proceeding

Property or fund is in danger of

being lost removed or materially
injured

Appointment of receiver is the

most convenient and feasible
means of preserving,
administering or disposing of the
property in litigation

Only in the court where action is

pending

Court of origin and appellate court.

(See Ramos v. CA)

Who may grant

Court where action is pending, the

CA or the SC even if action is
pending in the lower court.

File verified application and applicants

bond; if 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 applicants bond
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.

File affidavits and applicants bond

How applied for

At the commencement of the action or

at any time prior to the judgment or
final order
File verified application; bond not
required

Requisites for
granting
application

Where property is
claimed by third
person

Sufficient cause of action

Case is covered by section 1
Rule 57
No other sufficient security for
the claim exists
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

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.

Applicant is entitled to the relief

demanded
Act/s complained of would work
injustice to the applicant if not
enjoined
Acts sought to be enjoined probably
violates applicants rights respecting
the subject of the action or
proceeding

Replevin

Applicant is the owner of the

property claimed or is entitled
to the possession of the same
Property is wrongfully
detained by the adverse party
Property is not distrained or
taken for a tax assessment or a
fine pursuant to law

Support Pendente Lite

Affidavits, depositions or other

documents should show, at least
provisionally, that the applicant is
entitled to receive support

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.
1

Preliminary Attachment

Bond requirement

Discharge of
remedy

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

Preliminary Injunction/Preliminary
Mandatory Injunction

Receivership

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

Replevin
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

Support Pendente Lite

No bond required

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

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 ; counterbond alone will not suffice to discharge
the injunction.

Other grounds: improper or

irregular issuance or enforcement or
insufficiency of the bond

Insufficiency of the application

Not applicable.

Amount of counter-bond should

also be double the value of the
property

Appointment was obtained without

sufficient cause

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

When judgment or final order finds the

person who has been providing support
pendente lite not liable therefor:

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

Application must be filed with the appellate court before the judgment of the appellate court becomes executory
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:

Adverse party may recover damages in the same action

Court shall order the recipient to

return the amounts already
received with interest from the
dates of actual payment
Recipient may obtain
reimbursement from the person
legally obliged to give support
(separate action must be filed for
the purpose)
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)

Interpleader
Purpose

Requisites

Declaratory Relief

Compel
conflicting
claimants to
litigate their
claims
among
themselves
Conflicting
claims exist
upon the
same subject
matter

Declaration of rights and

duties (reformation of
instrument, quieting of
title, consolidation of
ownership)

Such claims
are made
upon a
person who
claims no
interest in the
subject
matter

Persons rights are

affected by a statute,
executive order or
regulation, ordinance, or
any other governmental
regulation

Person has interest under

a deed, will, contract or
other written instrument

No breach or violation of
the rights has yet occurred

Certiorari
Certiorari Prohibition
(COMELEC and
Mandamus
COA)
Correcting errors of jurisdiction

Judgment or final
order has been
rendered by the
COMELEC or the
COA

Certiorari:
Any tribunal, board or
officer exercising judicial
or quasi judicial functions
has rendered judgment

Aggrieved party
wants the judgment
or final order
reviewed by a higher
court

Such tribunal, etc. has

acted without or in excess
of its jurisdiction
Prohibition:
Proceedings in a tribunal,
corporation, board, officer
or person exercising
judicial, quasi judicial or
ministerial functions are
conducted without or in
excess of its jurisdiction
Mandamus:
When any tribunal,
corporation, board, officer
or person unlawfully
neglects performance of
an act which the law
specifically enjoins

Quo Warranto
Remove a usurper

Expropriation

Foreclosure of Real
Estate Mortgage

Partition

Taking of private
property for public
use

Satisfy creditor based

upon security

Division of real
property among
the parties
claiming rights
thereto

A person usurps,
intrudes into, or
unlawfully holds or
exercises office,
position, or
franchise

Property owned by
a private party

A person owes another

a loan

Real property is
owned by several
persons

Taking by
government for
public use

Loan is secured by
mortgage of real
property

A public officer
does or suffers an
act which, by the
provision of law,
constitutes a ground
for the forfeiture of
his office;

Just compensation

Debtor defaulted in
payment

An association acts
as a corporation
within the
Philippines without
being legally
incorporated or
without lawful
authority so to act

Final demand has been

made

Person claiming
right to the
property does not
want coownership to
continue

Forcible
Entry

Detainer

Contempt

Recover possession in fact

Protect judicial
system from
unwarranted intrusion

A person
enjoys lawful
possession of
the property
Another
person
acquires
possession of
the same
property by
force,
intimidation,
threat,
strategy or
stealth

A person
lawfully takes
possession of
the land at the
beginning
Such lawful
possession has
ended
A demand to
vacate has
been made

Direct contempt:
A person behaved
improperly in the
presence or so near a
court
Such misbehavior
obstructed or
interrupted court
proceedings
Indirect contempt:
Misbehavior in
performance of
official functions
Disobe-dience to
lawful court orders
Abuse or unlawful
interference with
court processes
Improper conduct
which tends to
impede
administration of
justice

Common requisite:
There is no appeal or any
plain, speedy, and
adequate remedy in the
ordinary course of law

Pretending to be a
lawyer or officer
Failure to obey
subpoena

Procedure

1. Complaint
is filed

1. Action is brought
before appropriate RTC

2. Summons
served upon
parties

2. All persons affected

made parties

3. Parties
files motion
to dismiss or
answers the
complaint
4. Pre-trial
5. Court
determines
parties
respective
rights and
adjudicate
their several
claims
Note: Docket
fees paid by
complainant
constitute a
lien upon
subject
matter of the
action

3. Notice to Sol Gen if

validity of a statue,
executive order or
regulation of any other
governmental regulation
is involved
4. Notice to prosecutor or
attorney of LGU if
involving validity of a
local ordinance
5. Court acts on
application
6. If during pendency of
action there occurs breach
or violation, action is
converted into an ordinary
action

1. 18 copies of
verified petition shall
be filed within 30
days from notice of
the judgment or final
order
2. If motion for new
trial or
reconsideration is
allowed, period to
file petition is
interrupted. If motion
is denied, petition
shall be filed within
remaining period, in
no case less than 5
days.
3. Pay docket and
other lawful fees and
deposit of P500 for
costs
4. SC either orders
respondents to file
their comment if it
finds petition
sufficient in form and
substance or
dismisses the petition
if it was filed
manifestly for delay
or the questions
raised are too
unsubstantial

1. Petition must be filed

within 60 days from
notice of judgment
2. Court orders
respondents to file
comment within 10 days
from receipt of order
3. Court may order filing
of reply or other
responsive pleadings
4. Court may hear the case
or require parties to
submit memoranda

RTC

SC

3. Respondent is
notified
4. Court may
reduce periods for
filing pleadings to
secure most
expeditious
determination of
matters involved in
the action

6. Certified copy of
judgment is served upon
the court, quasi-judicial
agency, tribunal,
corporation, board, officer
or person and
disobedience thereto shall
be punished as contempt.

5. Judgment is
rendered. Court
may render
judgment for costs
against petitioner,
realtor or person/s
claiming to be a
corporation
6. Person adjudged
entitled to public
office may demand
of the respondent to
deliver all books
and papers to him

6. SC either sets case

for oral argument or
requires submission
of memoranda or
decides the case
based on submit-ted
documents

RTC

2. Person at whose
instance the petition
is brought pays
costs and expenses

5. Court either grants

petition or dismisses the
same if it finds the same
to be patently without
merit, prosecuted
manifestly for delay, or
that the questions raised
are too insubstantial to
require consideration

5. Respondents file
comment

Jurisdiction

1. Verified petition
in the name of the
RP is filed (Person
claiming to be
entitled to a public
office or position
usurped by another
may bring action in
his own name)

SC, CA, RTC,

Sandiganbayan

1. Verified
complaint filed,
stating right and
purpose of
expropriation
2. Persons owning
or claiming to own
any interest
pertaining to the
property must be
joined as defendants
3. Plaintiff may
enter property after
filing complaint and
depositing with a
government
depositary amount
equivalent to
assessed value of
property
4. Defendants
allowed to file
objections
5. Court rules on the
issue of
expropriation,
granting or denying
the same
6. If expropriation is
granted, court
appoints not more
than 3
commissioners
7. Objections to
appointment of
commissioners may
be filed within ten
days from service
8. Commissioners
take oath before
assuming function
9. Commissioners
ascertain and report
the just
compensation for
the property
10. Clerk of court
serves copies of
commissioners
report to all
interested parties
11. Interested
parties allowed to
file objections
within ten days
12. Court renders
judgment on the
issue of just
compensation
13. Judgment is
recorded in registry
of property

1. Complaint filed
2. Court ascertains
amount due to plaintiff
and renders judgment
ordering defendant to
pay within a within a
period not less than 90
days but not more than
120 days
3. If defendant fails to
pay, foreclosure sale
ensues
4. Costs deducted from
proceeds of sale,
mortgagee paid
amount due; if there is
excess in the proceeds,
same is turned over to
mortgagor
5. If proceeds of sale is
not sufficient to cover
entire indebtedness,
deficiency judgment is
rendered: execution
immediately issues if
whole debt is due,
otherwise, mortgagor
entitled to execution
upon original terms of
the contract
6. Certified copy of
final order confirming
the sale is registered in
the registry of deeds

SC, CA, RTC