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PROVISIONAL REMEDIES

Preliminary Attachment Preliminary Injunction/Preliminary Receivership Replevin Support Pendente Lite


Mandatory Injunction
Purpose To have property of adverse party To require a party or a court, agency or a To place the property subject of an To recover possession of personal To compel adverse party to provide
attached as security for the person to refrain from doing a particular action or proceeding under the control property support while action is pending in
satisfaction of judgment that may be act or acts or to require the performance of of a third party for its preservation and court
recovered in cases falling under Sec a particular act or acts. administration litis pendentia
1, Rule 57.

When At the commencement of the action At any stage prior to the judgment or final At any time prior to satisfaction of At the commencement of the action At the commencement of the action or
applied/granted or at any time prior to the entry of order judgment but before answer is filed at any time prior to the judgment or
judgment final order
File verified application and applicant’s File verified application and File affidavits and applicant’s bond File verified application; bond not
How applied for File affidavits and applicant’s bond bond; if application is included in the applicant’s bond; application may also required
initiatory pleading, the adverse party be included in initiatory pleading in
should be served with summons together actions for foreclosure of mortgage
with a copy of the initiatory pleading and
the applicant’s bond
Court where action is pending, the Only the Court where the action is Court where action is pending, the CA Only in the court where action is Court of origin and appellate court.
CA or the SC even if action is pending; Lower Court, Ca or SC provided or the SC even if action is pending in pending (See Ramos v. CA)
Who may grant pending in the lower court. action is pending in the same court which the lower court. Appellate court may
issues the injunction. allow application for receivership be
decided by the court of origin.
Requisites for  Sufficient cause of action  Applicant is entitled to the relief  Applicant has interest in the  Applicant is the owner of the  Affidavits, depositions or other
granting  Case is covered by section 1 demanded property or fund subject matter of property claimed or is entitled documents should show, at least
application Rule 57  Act/s complained of would work the action or proceeding to the possession of the same provisionally, that the applicant is
 No other sufficient security for injustice to the applicant if not  Property or fund is in danger of  Property is wrongfully entitled to receive support
the claim exists enjoined being lost removed or materially detained by the adverse party
 Amount due to applicant or  Acts sought to be enjoined probably injured  Property is not distrained or
value of property he is entitled violates applicants rights respecting  Appointment of receiver is the taken for a tax assessment or a
to recover is equal to the sum the subject of the action or most convenient and feasible fine pursuant to law
for which the order of proceeding means of preserving,
attachment is granted administering or disposing of the
property in litigation
Where property is When third-party claimant makes an When third-party claimant makes an
claimed by third affidavit of his title to the property or affidavit of his title to the property
person his right to the possession thereof, or his right to the possession
and serves such affidavit to the thereof, and serves such affidavit to
sheriff and a copy thereof to the the sheriff and a copy thereof to the
attaching party, the sheriff shall not attaching party, the sheriff shall not
be bound to keep the property unless be bound to keep the property under
the attaching party files a bond replevin unless the applicant files a
approved by the court to indemnify bond approved by the court to
the third-party claimant in a sum not indemnify the third-party claimant
less than the value of the property in a sum not less than double the
levied upon. Claim for damages for value of the property levied upon.
the taking or keeping the property Claim for damages for the taking or
must be filed within 120 days from keeping the property must be filed
filing of the bond. within 120 days from filing of the
bond.

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Preliminary Attachment Preliminary Injunction/Preliminary Receivership Replevin Support Pendente Lite
Mandatory Injunction
Bond executed to the adverse party
in double the value of the property
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 for the return of the property to the
party and all damages which he may sustain by reason of the granting of provisional remedy prayed for, if the court shall adverse party if such return be No bond required
finally adjudge that the applicant was not entitled thereto 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 provisional remedy granted by filing a counter-bond
remedy 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 Not applicable.
the adverse party may recover in the action

Filing of counter-bond made only upon


showing that the issuance or continuance
thereof would cause irreparable damage to
Cash deposit may be made in lieu of the party or person enjoined while the Amount of counter-bond should
the counter-bond applicant can be fully compensated for also be double the value of the
such damages as he may suffer ; counter- property
bond alone will not suffice to discharge
the injunction.
Other grounds: improper or
irregular issuance or enforcement or Insufficiency of the application Appointment was obtained without
insufficiency of the bond sufficient cause
Damages in case When judgment or final order finds the
applicant for any  Owner of property attached must file before trial or before perfection of appeal application for damages person who has been providing support
of the provisional  Party who availed of provisional remedy and his surety or sureties must be notified , showing right to damages and amount thereof pendente lite not liable therefor:
remedies not  Damages awarded only after proper hearing; included in judgment of the main case
entitled thereto or  Court shall order the recipient to
for any If judgment of appellate court is favorable to the party against whom provisional remedy was effected: return the amounts already
irregularity in the received with interest from the
procurement of  Application must be filed with the appellate court before the judgment of the appellate court becomes executory dates of actual payment
provisional  Appellate court may allow application to be heard and decided by the trial court  Recipient may obtain
remedy reimbursement from the person
If bond or deposit given by the party availing of the provisional remedy be insufficient or fail to satisfy the award: legally obliged to give support
(separate action must be filed for
 Adverse party may recover damages in the same action 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)

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Interpleader Declaratory Relief Certiorari Certiorari Prohibition Quo Warranto Expropriation Foreclosure of Real Partition Forcible Detainer Contempt
(COMELEC and Mandamus Estate Mortgage Entry
COA)
Purpose Compel Declaration of rights and Correcting errors of jurisdiction Remove a usurper Taking of private Satisfy creditor based Division of real Recover possession in fact
conflicting duties (reformation of property for public upon security property among Protect judicial
claimants to instrument, quieting of use the parties system from
litigate their title, consolidation of claiming rights unwarranted intrusion
claims ownership) thereto
among
themselves
Requisites Conflicting Person has interest under Judgment or final Certiorari: A person usurps, Property owned by A person owes another Real property is A person A person Direct contempt:
claims exist a deed, will, contract or order has been Any tribunal, board or intrudes into, or a private party a loan owned by several enjoys lawful lawfully takes
upon the other written instrument rendered by the officer exercising judicial unlawfully holds or persons possession of possession of A person behaved
same subject COMELEC or the or quasi judicial functions exercises office, Taking by Loan is secured by the property the land at the improperly in the
matter COA has rendered judgment position, or government for mortgage of real Person claiming beginning presence or so near a
franchise public use property right to the Another court
Such claims Person’s rights are Aggrieved party Such tribunal, etc. has property does not person Such lawful
are made affected by a statute, wants the judgment acted without or in excess A public officer Just compensation Debtor defaulted in want co- acquires possession has Such misbehavior
upon a executive order or or final order of its jurisdiction does or suffers an payment ownership to possession of ended obstructed or
person who regulation, ordinance, or reviewed by a higher act which, by the continue the same interrupted court
claims no any other governmental court Prohibition: provision of law, Final demand has been property by A demand to proceedings
interest in the regulation constitutes a ground made force, vacate has
subject Proceedings in a tribunal, for the forfeiture of intimidation, been made Indirect contempt:
matter No breach or violation of corporation, board, officer his office; threat,
the rights has yet occurred or person exercising strategy or Misbehavior in
judicial, quasi judicial or An association acts stealth performance of
ministerial functions are as a corporation official functions
conducted without or in within the
excess of its jurisdiction Philippines without Disobe-dience to
being legally lawful court orders
Mandamus: incorporated or Abuse or unlawful
without lawful interference with
When any tribunal, authority so to act court processes
corporation, board, officer
or person unlawfully Improper conduct
neglects performance of which tends to
an act which the law impede
specifically enjoins administration of
justice
Common requisite:
Pretending to be a
There is no appeal or any lawyer or officer
plain, speedy, and
adequate remedy in the Failure to obey
ordinary course of law subpoena

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Procedure 1. Complaint 1. Action is brought 1. 18 copies of 1. Petition must be filed 1. Verified petition 1. Verified 1. Complaint filed
is filed before appropriate RTC verified petition shall within 60 days from in the name of the complaint filed,
be filed within 30 notice of judgment RP is filed (Person stating right and 2. Court ascertains
2. Summons 2. All persons affected days from notice of claiming to be purpose of amount due to plaintiff
served upon made parties the judgment or final 2. Court orders entitled to a public expropriation and renders judgment
parties order respondents to file office or position 2. Persons owning ordering defendant to
3. Notice to Sol Gen if comment within 10 days usurped by another or claiming to own pay within a within a
3. Parties validity of a statue, 2. If motion for new from receipt of order may bring action in any interest period not less than 90
files motion executive order or trial or his own name) pertaining to the days but not more than
to dismiss or regulation of any other reconsideration is 3. Court may order filing property must be 120 days
answers the governmental regulation allowed, period to of reply or other 2. Person at whose joined as defendants
complaint is involved file petition is responsive pleadings instance the petition 3. Plaintiff may 3. If defendant fails to
interrupted. If motion is brought pays enter property after pay, foreclosure sale
4. Pre-trial 4. Notice to prosecutor or is denied, petition 4. Court may hear the case costs and expenses filing complaint and ensues
attorney of LGU if shall be filed within or require parties to depositing with a
5. Court involving validity of a remaining period, in submit memoranda 3. Respondent is government 4. Costs deducted from
determines local ordinance no case less than 5 notified depositary amount proceeds of sale,
parties’ days. 5. Court either grants equivalent to mortgagee paid
respective 5. Court acts on petition or dismisses the 4. Court may assessed value of amount due; if there is
rights and application 3. Pay docket and same if it finds the same reduce periods for property excess in the proceeds,
adjudicate other lawful fees and to be patently without filing pleadings to 4. Defendants same is turned over to
their several 6. If during pendency of deposit of P500 for merit, prosecuted secure most allowed to file mortgagor
claims action there occurs breach costs manifestly for delay, or expeditious objections
or violation, action is that the questions raised determination of 5. Court rules on the 5. If proceeds of sale is
Note: Docket converted into an ordinary 4. SC either orders are too insubstantial to matters involved in issue of not sufficient to cover
fees paid by action respondents to file require consideration the action expropriation, entire indebtedness,
complainant their comment if it granting or denying deficiency judgment is
constitute a finds petition 6. Certified copy of 5. Judgment is the same rendered: execution
lien upon sufficient in form and judgment is served upon rendered. Court 6. If expropriation is immediately issues if
subject substance or the court, quasi-judicial may render granted, court whole debt is due,
matter of the dismisses the petition agency, tribunal, judgment for costs appoints not more otherwise, mortgagor
action if it was filed corporation, board, officer against petitioner, than 3 entitled to execution
manifestly for delay or person and realtor or person/s commissioners upon original terms of
or the questions disobedience thereto shall claiming to be a 7. Objections to the contract
raised are too be punished as contempt. corporation appointment of
unsubstantial commissioners may 6. Certified copy of
6. Person adjudged be filed within ten final order confirming
5. Respondents file entitled to public days from service the sale is registered in
comment office may demand 8. Commissioners the registry of deeds
of the respondent to take oath before
6. SC either sets case deliver all books assuming function
for oral argument or and papers to him 9. Commissioners
requires submission ascertain and report
of memoranda or the just
decides the case compensation for
based on submit-ted the property
documents 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
Jurisdiction RTC RTC SC SC, CA, RTC, SC, CA, RTC
Sandiganbayan

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