PROVISIONAL REMEDIES

Preliminary Preliminary Receivership Replevin Support Pendente Lite

Attachment Injunction/Preliminary
Mandatory Injunction
Purpose To have property of To require a party or a court, To place the property To recover possession To compel adverse party to
adverse party attached agency or a person to refrain subject of an action or of personal property provide support while
as security for the from doing a particular act or proceeding under the action is pending in court
satisfaction of judgment acts or to require the control of a third party
that may be recovered in performance of a particular for its preservation and
cases falling under Sec act or acts. administration litis
1, Rule 57. pendentia
When At the commencement At any stage prior to the At any time prior to At the commencement At the commencement of
applied/granted of the action or at any judgment or final order satisfaction of of the action but before the action or at any time
time prior to the entry of judgment answer is filed prior to the judgment or
judgment final order
How applied for File affidavits and File verified application and File verified application File affidavits and File verified application;
applicant’s bond applicant’s bond; if application and applicant’s bond; applicant’s bond bond not required
is included in the initiatory application may also
pleading, the adverse party be included in initiatory
should be served with pleading in actions for
summons together with a foreclosure of
copy of the initiatory pleading mortgage
and the applicant’s bond
Who may grant Court where action is Only the Court where the Court where action is Only in the court where Court of origin and
pending, the CA or the action is pending; Lower pending, the CA or the action is pending appellate court. (See
SC even if action is Court, Ca or SC provided SC even if action is Ramos v. CA)
pending in the lower action is pending in the same pending in the lower
court. court which issues the court. Appellate court
injunction. may allow application
for receivership be
decided by the court of
origin.
Requisites for  Sufficient cause of  Appointment of receiver is  Act/s complained of  Applicant is the owner  Affidavits, depositions or
granting
application action the most convenient and would work injustice of the property claimed other documents should
 Case is covered by feasible means of to the applicant if not or is entitled to the show, at least
section 1 Rule 57 preserving, administering or enjoined possession of the provisionally, that the
 No other sufficient disposing of the property in  Acts sought to be same applicant is entitled to
security for the claim litigation enjoined probably  Property is wrongfully receive support
 exists  Amount due to applicant or violates applicants detained by the
 Property or fund is in value of property he is rights respecting the adverse party
danger of being lost entitled to recover is equal subject of the action  Property is not
removed or materially to the sum for which the or proceeding distrained or taken for
injured order of attachment is  Applicant has interest a tax assessment or a
granted in the property or fine pursuant to law
 Applicant is entitled to the fund subject matter of
relief demanded the action or
proceeding

Where property When third-party When third-party

is claimed by claimant makes an claimant makes an
third person affidavit of his title to the affidavit of his title to the
property or his right to property or his right to
the possession thereof, the possession thereof,
and serves such affidavit and serves such affidavit
to the sheriff and a copy to the sheriff and a copy
thereof to the attaching thereof to the attaching
party, the sheriff shall party, the sheriff shall
not be bound to keep not be bound to keep
the property unless the the property under
attaching party files a replevin unless the
bond approved by the applicant files a bond
court to indemnify the approved by the court to
third-party claimant in a indemnify the third-party
sum not less than the claimant in a sum not
value of the property less than double the
levied upon. Claim for value of the property
damages for the taking levied upon. Claim for
or keeping the property damages for the taking
must be filed within 120 or keeping the property
days from filing of the must be filed within 120
bond. days from filing of the
bond.
Bond Bond executed to the adverse party in the amount fixed by the court to cover the Bond executed to the No bond required
requirement costs which may be adjudged to the adverse party and all damages which he may adverse party in double
sustain by reason of the granting of provisional remedy prayed for, if the court shall the value of the
finally adjudge that the applicant was not entitled thereto 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
Discharge of By counter-bond: Party against whom the provisional remedy is availed of, may move for the discharge of the Not applicable.
remedy 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 Filing of counter-bond made Amount of counter-bond
made in lieu of the only upon showing that the should also bedouble
counter-bond issuance or continuance the value of the
thereof would cause property
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.
Other grounds: Insufficiency of the application Appointment was
improper or irregular obtained without
issuance or enforcement sufficient cause
or insufficiency of the
bond
Damages in  Owner of property attached must file before trial or before perfection of appeal application for damages When judgment or final
case applicant order finds the person who
for any of the  Party who availed of provisional remedy and his surety or sureties must be notified , showing right to has been providing support
provisional damages and amount thereof pendente lite not liable
remedies not therefor:
entitled thereto  Damages awarded only after proper hearing; included in judgment of the main case
 Court shall
or for any
irregularity in the order the recipient
If judgment of appellate court is favorable to the party against whom provisional remedy was effected:
procurement of to return the
provisional
remedy  Application must be filed with the appellate court before the judgment of the appellate court becomes amounts already
executory received with
 Appellate court may allow application to be heard and decided by the trial court interest from the
dates of actual
payment
  Recipient may
If bond or deposit given by the party availing of the provisional remedy be insufficient or fail to satisfy the award: obtain
reimbursement from
 Adverse party may recover damages in the same action 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)