Definition Grounds Purpose Court

Which
Can
Grant
Preliminary Attachment 1.Recovery of To attach property for MTC,
Attachment of property specified amount or the satisfaction of RTC
(Rule 57) for damages (not moral judgement so
satisfaction judgement will not be
or exemplary) on
of judgment rendered futile
cause of action
arising from law,
contract, delict,
quasi-contract,
quasi-delict, against
party who is about
to depart with intent
to defraud

2. Action for
money/property
embezzled or
fraudulently
misapplied by
person acting in
fiduciary capacity

3. Recovery of
property
fraudulently taken,
detained,
converted, when it
has been
concealed,
removed, etc. to
prevent it being
found or taken

4. Action against
 party guilty of fraud
in
incurring/performing
debt or obligation

5. Against party
who has
removed/disposed
of property to
defraud creditors

6. Action against
non-resident or
person summoned
via publication
Preliminary Preliminary 1. Applicant entitled Avoidance of great or RTC,
Injunction prohibitory to relief and part of irreparable injury; CA, SC
(Rule 58) injunction - relief involves
requires
restraining or
court,
person, enforcing act
agency, or
court to
refrain from 2.
performing
Omission/Continuan
particular
act/s ce will work injustice
on applicant

Preliminary
mandatory
injunction - 3. Party, agency,
requires etc attempting to do
performance some act probably
of particular in violation of right
act of applicant
Requisites respecting subject
of action, and
1. Invasion tending to render
of right is judgment ineffectual
material and
 substantial

2. Right of
the
complainant
is clear and
unmistakabl
e

3. Urgent
and
paramount
necessity for
writ to
prevent
serious
damage
Temporary TRO for 20 1. Applicant entitled Avoidance of great or RTC,
Restraining days upon to relief and part of irreparable injury; CA, SC
Order (TRO) notice - relief involves court must order
party to show cause
restraining or
TRO issued why injunction
enforcing act shouldn't be granted
EX PARTE
(summary hearing)
effective 72
hours from
issuance - 2.
extreme Omission/Continuan
urgency and ce will work injustice
grave on applicant
irreparable
injury
(summary 3. Party, agency,
hearing etc attempting to do
within 72hrs, some act probably
in violation of right
as well as of applicant
notice and respecting subject
service of of action, and
summons); tending to render
total judgment ineffectual
effectivity
can't go
beyond 20
days,
 including 72
hours

Receivershi Order for 1. Applicant has Preservation of RTC

p (Rule 59) preservation interest and such company assets to
of property property is in be able to pay its
subject creditors accordingly
danger of being
matter of
dispute lost, removed, or
injured, unless a
receiver is
appointed

2. Action by
mortgagee for
foreclosure is in
danger of being
dissipated or
materially injured
and value probably
insufficient; OR

when parties
stipulated in K of
mortgage

3. After judgment to
preserve property or
to dispose of it, or to
aid execution

4. Other cases
where appointment
is most convenient
and feasible means
of preserving,
administering, or
 disposing property
in litigation
Replevin Order which For return of Party praying for MTC,
(Rule 60) delivers personal property recovery of RTC
personal possession of
property to personal property
the applicant
Support Order which application stating party in proceeding MTC,
Pendente grants grounds for praying for support, RTC
Lite support to application, financial or where one of
(Rule 61) applicant conditions, reliefs sought is
during accompanied by support
pendency of depositions or other
action authentic
documents in
support thereof