4provisional Remedies - Rem

2005 CENTRALIZED BAR OPERATIONS
PROVISIONAL REMEDIES

Preliminary
Attachment
Preliminary
Injunction/Preliminary
Mandatory Injunction
Receivershi Relevin Suort Pendente Lite
Purose 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 hile
action is
pending in court.
!hen
Alied/
"ranted
!t the commencement
of the action or any time
prior to the entry of
judgment.
!t any stage prior to the
judgment or final order.
!t any time prior to
satisfaction of judgment.
!t the commencement of
the action but before
anser is filed.
!t the commencement of
the action or at any time
prior to the judgment or
final order.
#o$ alied
%or
"ile affidavits and
applicant#s bond.
"ile verified application
and applicant#s bond$ if
application is included in
the initiatory pleading,
the adverse party should
be served ith summons
together ith a copy of
the initiatory pleading
and the applicant#s bond.
"ile verified application
and applicant#s bond$
application may also be
included in initiatory
pleading in actions for
foreclosure of mortgage.
"ile affidavits and
applicant#s bond.
"ile verified application$
bond not required.
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT
CHAIRPERSONS
Maricel Abare!"# (Over-all Chairperson), R"al$ Jal%a&ar (Over-all Vice Chair), '"la$a T"le!i"(VC-Acads), Jei(er A)(VC- Secretariat), J"* I$+c!i," (VC-
Finance), Elaie Ma#+-a! (VC-EDP), Aa Mar)ari!a Ere# (VC-Logistics) J"a!.a Ma)+$a*a" (Political La), /raci# Bee$ic! Re"!+!ar (La!or La), R"%+al$
Pa$illa (Civil La), C.ar%aie T"rre# ("a#ation La), Mar- Da,i$ Mar!ie&
(Cri$inal La), 0ar* L+i#a Ale)re (Co$$ercial La), Ji-* A U* (%e$edial La), Jac-ie L"+ Ba+!i#!a (Legal Ethics)
12

!ho may
"rant
%ourts here action is
pending, the %! or the
S% even if action is
pending in the loer
court.
&nly the %ourt here the
action is pending$ 'oer
%ourt, %! or S% provided
action is pending in the
same court hich issues
the injunction.
%ourt here action is
pending, the %! or the
S% even if action is
pending in the loer
court.
!ppellate court may allo
application for
receivership to be
decided by the court of
origin.
&nly the court here
action is pending.
%ourt of origin and
appellate court. (See
Ramos vs. %!)
Re&uisites %or
"rantin"
alication

Sufficient cause of
action
%ase is covered by
Sec1 Rule 57
*o other sufficient
security for the claim
e+ists
!mount due to
applicant or value of
property he is
entitled to recover is
equal to the sum
hich the order or
attachment is
granted
!pplicant is entitled
to the relief
demanded.
!ct,s complained of
ould or- injustice
to the applicant if
not enjoined.
!cts sought to be
enjoined probably
violates applicant#s
rights respecting the
subject of the action
or proceeding.
!pplicant has
interest in the
property or fund
subject matter of the
action or
proceeding.
.roperty or fund is in
danger of being lost
or removed or
materially injured.
!ppointment of
receiver is the most
convenient and
feasible means of
preserving,
administering or
disposing of the
property in litigation.
!pplicant is the
oner of the
property claimed or
is entitled to the
possession of the
same.
.roperty is rongfully
detained by the
adverse party.
.roperty is not
distrained or ta-en
for a ta+ assessment
or a fine pursuant to
la.
!ffidavits,
depositions or other
documents should
sho, at least
provisionally, that the
applicant is entitled
to receive support.
CHAIRPERSONS
12
Sa Be$a C"lle)e "( La3
MEMOR' AID IN REMEDIAL LA4

Preliminary Attachment
Preliminary
!hen
roerty is
claimed 'y
third erson(
/hen third0party claimant
ma-es 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 -eep
the property unless the
attaching party files a bond
approved by the court to
indemnify the third0party
claimant in a sum not less
than the value of the
property levied upon.
%laim for damages for the
ta-ing or -eeping the
property must be filed
ithin 112 days from filing
of the bond.
.
/hen third0party
claimant ma-es an
affidavit of his title to the
property or his right to
the possession thereof,
and serve such affidavit
to the sheriff and a copy
thereof to the attaching
party, the sheriff shall not
be bound to -eep the
property under replevin
unless the applicant files
a bond approved by the
court to indemnify the
third0party claimant in a
sum not less than double
the value of the property
levied upon. %laim for
damages for the ta-ing or
-eeping the property
must be filed ithin 112
days from filing of the
bond.

REMEDIAL LA4 COMMITTEE
C&A'%PE%SO() Jin*+ Ann ,+ ASS"- C&A'%PE%SO(S) Allen Fari.as, /aricris Oronea EDPS ) /artessa (0+lan, Charissi$ae Vent0ra, Jocel+n 1a!ala S,2JEC" &EADS) Jona O!i.a (Civil Proced0re)3
Alnai4a &asi$an (Special Civil Actions and Special Proceedings)3 Jeenice de Sag0n (Cri$inal Proced0re)3 Elaine /as0*at (Evidence)
15

)ond
Re&uirement
3ond e+ecuted to the adverse party in the amount fi+ed by the court to cover the
costs hich may be adjudged to the adverse party and all damages that he may
sustain by reason of the granting of provisional remedy prayed for, if the court shall
finally adjudge that the applicant as not entitled thereto.
3ond e+ecuted to the
adverse party in double the
value of the property or
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.
*o bond required.

Preliminary
Dischar"e o%
remedy
3y counter0bond4 .arty against hom the provisional remedy is availed of may move for the discharge of the
provisional remedy granted by filing a counter0bond in an amount equal to that fi+ed by the court to the value
of the property if ith respect to a particular property to secure the payment of any judgment that the adverse
party may recover in the action.
*ot applicable.

%ash deposit may be
made in lieu of the
counter0bond.
"iling of counter0bond
made only upon shoing
that the issuance or
continuance thereof
ould cause irreparable
damage to the party or
person enjoined hile the
applicant can be fully
compensated for such
damages as he may
suffer$ counter0bond
alone ill not suffice to
discharge the injunction.

!mount of counter0bond
should also be double the
value of the property.

CHAIRPERSONS
15
Sa Be$a C"lle)e "( La3
MEMOR' AID IN REMEDIAL LA4

&ther grounds4 improper
or irregular issuance or
enforcement or
insufficiency of bond.
5nsufficiency of the
application.
!ppointment as
obtained ithout
sufficient cause.

Preliminary
Dama"es in
case alicant
%or any o% the
rovisional
remedies not
entitled
thereto or %or
any
irre"ularity in
the
rocurement
o% rovisional
remedy(
&ner of the property attached must file before trial or before perfection of appeal application for
damages.
.arty ho availed of provisional remedy and his surety or sureties must be notified, shoing right to
damages and amount thereof.
6amages aarded only after proper hearing$ included in judgment of the main case.
5f judgment of appellate court is favorable to the party against hom provisional remedy as
effected4
!pplication must be filed ith the appellate court before the judgment of the appellate court
becomes e+ecutory.
!ppellate court may allo application to be heard and decided by the trial court.
5f bond or deposit given by the party availing of the provisional remedy be insufficient or fail to satisfy
the aard4
/hen judgment or final
order finds the person
ho has been providing
support pendente lite not
liable therefor4
%ourt shall order the
recipient to return the
amounts already
received ith interest
from the dates of actual
payment.
Recipient may obtain
reimburse0ment from
the person legally
obliged to give support
(separate action must
be filed for the purpose)
REMEDIAL LA4 COMMITTEE
C&A'%PE%SO() Jin*+ Ann ,+ ASS"- C&A'%PE%SO(S) Allen Fari.as, /aricris Oronea EDPS ) /artessa (0+lan, Charissi$ae Vent0ra, Jocel+n 1a!ala S,2JEC" &EADS) Jona O!i.a (Civil Proced0re)3
Alnai4a &asi$an (Special Civil Actions and Special Proceedings)3 Jeenice de Sag0n (Cri$inal Proced0re)3 Elaine /as0*at (Evidence)
16

!dverse party may recover damages in the same action.
5f recipient fails to
reimburse the amount,
person ho provided
the same may see-
reimbursement from the
person legally obliged to
give the support
(separate action must
be filed for the
purpose).
CHAIRPERSONS
11

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2005 CENTRALIZED BAR OPERATIONS

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