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RULE PURPOSE REQUISITES WHAT THE ADVERSE

PARTY CAN DO
PROVISIONAL Preserve the rights of - To the court which has
REMEDIES petitioner jurisdiction of the original
Secure the judgment action
Preserve the status
quo
Preserve the subject
matter of the action

RULE 57 Seize the property of Applies to the following Deposit with the
Preliminary the debtor before cases court amount equal
Attachment final judgment o action for the recovery of to the value of the
Levied upon the To enable the court a specified amount of bond
property of the to acquire jurisdiction money or damages Giving a counterbond
defendant so the over the res about to depart the Motion to set aside
property may be country or defraud the or discharge the
held by the creditors attachment
sheriff as security o action for money or
for the property embezzled or
satisfaction of fraudulently misapplied
whatever o action to recover the
judgment may be possession of property
rendered in the unjustly or fraudulently
case taken
o action against a party who
has been guilty of a fraud
in contracting the debt
o action against a party who
does not reside and is not
found in the Philippines
Motion filed
Affidavit that there is no
sufficient security for the claim
sought to be enforced
Applicant must post a bond

RULE 58 maintain the status The invasion of the right is Grounds for objection
Preliminary quo between the material and substantial; to, or for the dissolution
Injunction parties before the The right of a complainant is of injunction or
requiring a party controversy arose clear and unmistakable; restraining order
or a court, There is an urgent and Upon showing of
agency or a permanent necessity for the insufficiency of the
person to refrain writ to prevent serious application;
from a particular damage Other grounds upon
act or acts. It may A bond must be posted, affidavit of the party
also require the unless otherwise exempted or person enjoined
performance of a by the court. Appears after hearing
particular act or The threatened injury must be that irreparable
acts incapable of pecuniary damage to the party
estimation or person enjoined
will be caused while
the applicant can be
fully compensated
for such damages as
he may suffer, and
the party enjoined
files a counter bond;
Insufficiency of the
bond;
Insufficiency of the
surety or sureties.

RULE 59 preserve the thing Verified application;


Receivership which is the subject Appointed by the court where
the court of the action the action is pending, or by
appoints a the CA or by the SC, or a
representative to member thereof;
preserve, Applicants bond conditioned
administer, on paying the adverse party all
dispose of and damages he may sustain by
prevent the loss the appointment of the
or dissipation of receiver in case the
the real or appointment is without
personal sufficient cause;
property during Receiver takes his oath and
the pendency of files his bond.
an action.
RULE 60 Replevin file an application for a writ of
action for the replevin - at the
repossession of commencement of the action
personal or at any time before the
property defendant answers
wrongfully taken The affidavit must state that
or detained by the property is wrongfully
the defendant, detained by the adverse party,
whereby the alleging therein the cause of
plaintiff gives the detention.
security for and The affidavit must state the
holds the actual market value of the
property until the property; and
court decides The applicant must give a
who owns it. bond, executed to the adverse
party and double the value of
the property.

RULE 61 Support In an action for


pendente lite support
Amount of In criminal action
support where civil liability
provisionally includes support
fixed by the court
in favour of the
person/s entitled
thereto during
the pendency of
an action for
support

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