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He who called you is faithful and He will do it.

1 Thessalonians 5:24
The cross declares, “it is done!”

PROVISIONAL REMEDIES (AIRRS) -in contracting the debt or incurring the


RULE 57 – ATTACHMENT obligation upon which the action is brought or
RULE 58 – INJUNCTION -in the performance thereof
RULE 59 – RECEIVERSHP
RULE 60 – REPLEVIN e) against a party who has
RULE 61 – SUPPORT PENDENTE LITE -removed or disposed of his property
-or is about to do so
RULE 57 – ATTACHMENT with intent to defraud his creditors

Sec. 1 Grounds upon which attachment may issue f) against a party


(REP-FRN) -who does NOT RESIDE in the Philippines, or
-at the commencement of the action or -on whom summons may be served by
-at any time before entry of judgment publication

-a plaintiff Sec. 2 Issuance and contents of order


-or any proper party An order of attachment maybe issued either:
-ex parte or
may have the property of the adverse party attached -upon motion with notice and hearing
as SECURITY for the satisfaction of any judgment that by the court in which the action is pending or
may be recovered in the ff cases: in an action by CA or the
SC
a) for recovery of a specified amount of money or
damages (other than moral or exemplary) -and must require sheriff of the court to attach so
much of the property in the Philippines of the party
-on a cause of action arising from law, against whom it is issued
contract, quasi-contract, delict, and quasi -(not exempt from execution)
delict -as may be sufficient to satisfy the applicant’s demand

-against a party who is about to depart from UNLESS such party


the Philippines -makes deposit or
-with intent to defraud his creditors. -gives a bond

b) -for money or property as hereinafter provided in an amount equal to that


embezzled fixed in the order (which may be the amount sufficient
fraudulently misapplied or to satisfy the applicant’s demand or the value of the
converted to his own use property to be attached as stated by the applicant)
exclusive of costs
by a public officer, or an
officer of a corporation, or an >>>several writs may be issued at the same time to the
attorney sheriffs of the courts of different judicial regions.
factor
broker Sec. 3 Affidavit and Bond required
agent or An order of attachment shall be granted only when it
clerk, in the course of his employment as such appears by the affidavit
or -of the applicant or of
any person in a fiduciary capacity or -some other person (who personally knows the facts)
-for willful violation of duty that: (S3A)
-a sufficient cause of action exists
c) to recover the possession of property unjustly -case is one of the grounds in sec.1
or fraudulently (tdc) -there’s no other sufficient security for the
-taken claim sought to be enforced by the action and
-detained or that
-converted - the amount due to applicant or value of
property (the possessor of which is entitled to
when the property, or any part thereof has recover) is as much as the sum for which is
been granted ABOVE all legal counterclaims.
-concealed
-removed or The affidavit and bond required by the next succeeding
-disposed of to prevent its being found or taken section must be duly filed with the court BEFORE THE
by the ORDER issues.

applicant or Sec. 4 Condition of Applicant’s Bond


an authorized person The party applying for the order MUST thereafter give a
BOND
d) against a party who has been guilty of FRAUD -executed to the adverse party

@mardymarg Page | 1
He who called you is faithful and He will do it.
1 Thessalonians 5:24
The cross declares, “it is done!”

-in the amount fixed by the court (in its order granting -in the name of party against whom
the issuance of the writ) attachment is issued
-or not appearing at all upon such records or
CONDITION that -belonging to the party against whom
-the latter will pay all costs (which may be adjudged to attachment is issued and held by another
the adverse party) and person
-all damages which may sustain by reason of -or standing on the records of the ROD in the name
attachment (if the court shall finally adjudge that of any other person
applicant was not entitled thereto)
BY FILING with ROD a
Sec. 5 Manner of attaching property -copy of the order together with
Sheriff enforcing the writ (without delay and with all -description of attached property
reasonable diligence) -notice that it is attached or that such real
-attach (to await judgment and execution in the action) property and any interest therein held by or
-only so much of the property in the Philippines (of the standing in the name of such other person are
party against whom writ is issued) attached and
-not exempt from execution
-as may be sufficient to satisfy the applicant’s demand BY LEAVNG copy (order, description, notice)
-with occupant
UNLESS the former (against whom writ is issued) -or other person / agent within province
-makes a deposit or
-gives a counter-bond where property has been brought under the operation
-executed to the applicant of”
-in the amount fixed by the court (in the order) -LRA (Land Reg. Act) or
-or value of the property to be attached -PRD (Property Registration Decree)
-exclusive of costs the notice shall contain:
-a reference to the number of certificate title
No levy on attachment pursuant to writ issued under -volume and page in reg. book where
sec. 2 hereof shall be enforced unless certificate is registered and
-it is preceded or contemporaneously accompanied by: -reg. owner(s) thereof
-service of summons
-copy of complaint The ROD must INDEX attachments filed under this sec.
-application of attachment (aff) -in the names of the applicant
-order of attachment -the adverse party or
-applicant’s bond on defendant within PH -the person by whom property is held or
-in whose name it stands in the records
The requirement of prior/contemporaneous service of
summons shall not apply: If attachment is not claimed on the entire area of the
1. summons could be served personally or by land covered by the certificate title
substituted service despite diligent efforts -a description sufficiently accurate for the identity of
2. PH resident who is absent the land/interest to be affected shall be included in the
3. Defendant is non-resident of PH reg. of such attachment
4. Action is in rem or quasi in rem
b) PERSONAL PROPERTY
Sec. 6 Sheriff’s return (capable of manual delivery)
(After enforcement of the writ)
The sheriff must likewise (without delay) BY TAKING and SAFELY KEEPING IT in his custody
-make a RETURN thereon after issuing corresponding receipt therefor
-with full statement of his proceedings under
the writ and c) STOCKS/SHARES OR INTEREST in stocks and
-complete inventory of the property attached shares
together w/ (of any corporation or company)
-any counter-bond given by the party (against
whom attachment is issued) and BY LEAVING
-to the court from which writ is issued -with president or managing agent thereof
-and serve copies thereof on the applicant -a copy of the writ
-and notice (stating that the stock/interest of
Sec. 7 Attachment of real and personal property; the party against whom attachment is issued –
recording thereof is attached pursuant of such writ)
Real and personal property shall be attached by the
sheriff executing the writ in the ff manner: d) DEBTS AND CREDITS including
a) REAL PROP -bank deposits
(growing crops thereon/any interest therein) -financial interest
-standing upon the record of ROD of the province -royalties
-commissions and

@mardymarg Page | 2
He who called you is faithful and He will do it.
1 Thessalonians 5:24
The cross declares, “it is done!”

-other personal property (not capable of -sheriff


manual delivery) -other proper officer of court issuing attachment

BY LEAVING Sec. 9 Effect of attachment of interest in property


-with person owing such debts or belonging to estate of deceased
-having possession or under his control such credits or The attachment of interest of an heir, legatee, or
other personal property devisee (in the property belonging to the estate of a
-or with his agent decedent)
-shall NOT IMPAIR the powers of the executor,
-a copy of the writ and administrator, or other personal representative of
-notice (that debts - owing by him to the party against decedent – over such property for the purpose of
whom attachment is issued – the credits and other administration.
personal property in his possession or under his
control belonging to said party – ARE ATTACHED in Such personal representative
pursuant of such writs) -report the attachment to the court
-when petition for distribution is filed and
e) INTEREST -in the order made in such petition –
(as heir, legatee, or devisee in property distribution may be awarded to such heir,
belonging to estate of decedent) legatee, or devisee
-but the property attached shall be delivered to the
BY LEAVING sheriff making the levy (subject to the claim of such
-executor heir, legatee, or devisee, or any person claiming under
-administrator or him
-other personal representative of the decedent
Sec. 10 Examination of party whose property is
-copy of the writ and attached and persons indebted to him or controlling
-notice (that said interest is attached) his property; delivery of property to sheriff
-Any person owing debts to party whose property is
BY FILING attached or
-copy and notice -under his control credits or other personal property
-in the office of the clerf of the court in which said belonging to such party
estate is being settled
May be required to ATTEND
BY SERVING -before court (which action is pending)
-copy and notice -or before commissioner appointed by the court
-upon the heir, legatee, or devisee concerned And BE EXAMINED on oath respecting the same

The party whose property is attached


f) ***property IN CUSTODIA LEGIS -may also be required to ATTEND – for the purpose of
BY FILING giving information respecting his property and may
-copy of writ -be EXAMINED on oath
-with the proper court or
-quasi judicial agency The court may (after such examination) ORDER
personal property (capable of manual delivery
BY SERVICE belonging to him, in the possession of the person so
-upon the custodian of such property required to attend)
-to be DELIVERED
Note:** there really is no item (f) in the codal -to clerk of court or
-to sheriff
Sec. 8 Effect of attachment of debts, credits, and all (on such terms as may be just) having reference to any
other similar personal property lien thereon or claim against the same to await the
All persons having in their possession/under their judgment in the action
control any credits or other similar personal property
belonging to party against whom attachment is issued Sec. 11 When attached property may be sold after levy
or owing debts to him on attachment and before entry of judgment
-at the time of service upon him of the copy of writ and Whenever it shall be made to appear to the court in
notice which the action is pending (upon hearing with notice
-shall be LIABLE to applicant for the amount of such to both parties)
credits, debts, or similar personal property -that the property attached is perishable or
-until attachment is discharged, or any judgment -that interests of all parties to the action will be
recovered by him is satisfied subserved by the sale thereof

UNLESS such property is delivered or transferred or the court may ORDER such property
such debts are paid to -to be SOLD at public auction in such manner as it may
-clerk direct

@mardymarg Page | 3
He who called you is faithful and He will do it.
1 Thessalonians 5:24
The cross declares, “it is done!”

-and the proceeds of such sale to be DEPOSITED in


court to abide the judgment in the action The court shall order (after due notice and hearing)
-the setting aside or
Sec. 12 Discharge of attachment upon giving counter- -corresponding discharge of the attachment if it
bond appears:
(After writ of attachment has been enforced) -attachment was improperly / irregularly
-the party whose property has been attached, or issued or enforced
-the person appearing on his behalf -bond was insufficient and
-attachment is excessive
may MOVE for DISCHARGE of the attachment wholly or
in part on the security given Sec. 14 Proceedings where property claimed by the
third person
The court shall If the property attached is claimed by any person
-after due notice and hearing OTHER than the party / agent against whom
-ORDER the discharge of the attachment if: attachment been issued
-movant makes a cash deposit or
-files a counter-bond (executed to attaching Sheriff – shall not be bound to keep property under
party) with clerk of court – where application attachment, when such person:
is made -makes AFFIDAVIT (of his title or right to
-in amount equal to that fixed by the court in possession) – stating such grounds to such
the order of attachment (exclusive of costs) right or title
-SERVES affidavit to sheriff (WHILE latter has
But if attachment is sought to be discharged with possession of property attached)
respect to a particular property -SERVES COPY thereof upon attaching party
-the counter-bond shall be equal to the value of that
property as determined by the court UNLESS: attaching party/agent (on demand of sheriff)
-shall file a bond (not less than value of property
In either case, the case deposit or the counter-bond levied, court decides in case of disagreement)
-shall SECURE the payment of any judgment that the approved by the court
attaching party may recover in the action -to indemnify 3rd party claimant

Notice of deposit – shall be served on attaching party No claim for damages (for taking or keeping the
property) may be enforced against the bond
Upon discharge of an attachment -unless the action is therefore is filed WITHIN 120
-property attached or DAYS from date of FILING of bond
-proceeds of any sale thereof
shall be delivered to the party making deposit or giving **Note: Claim for damages for taking property against
counter-bond or person appearing on his behalf bond - may only be filed within 120 days from filing

the deposit/counter-bond – sand in the place of Sheriff’s liability (keeping/taking property)


property so released. -NOT be liable if bond is filed

Apply for new order of attachment Nothing prevents (same or separate action)
-should counter-bond found to be or become -claimant
INSUFFICIENT and no additional counter bond is filed. -3rd person
from vindicating his property
Sec. 13 Discharge of attachment on other grounds -attaching party – from claiming damages against 3 rd-
Party (whose property has been ordered attached) party claimant who filed FRIVOLOUS or SPURIOUS
-may FILE a motion (with a court in which action is claims
pending)
-before or after levy or even after release NO bond required for REPUBLIC OF PHILIPPINES
-for an ORDER to set aside / discharge the attachment -writ of attachment in favor of RP/Officer representing
on the grounds that: -filing of bond shall not be required
-same was improperly/irregularly issued or
enforced Solicitor general – represents sheriff if he is sued for
-bond was insufficient damages (writ in favor of RP)
-actual damages paid by the National treasurer out of
If the attachment is EXCESSIVE, discharge shall be funds to be appropriated for that purpose
limited to excess.
If the motion be made on affidavits (on the part of the Sec. 15 Satisfaction of judgment out of property
movants but not otherwise) attached, return of sheriff
-the attaching party may oppose the motion by If judgment be recovered by the attaching party and
COUNTER AFFIDAVITS or execution thereon
-other evidence in addition to that on which
attachment was made.

@mardymarg Page | 4
He who called you is faithful and He will do it.
1 Thessalonians 5:24
The cross declares, “it is done!”

-the sheriff may cause the judgment to be satisfied out -it shall be applied under the direction of the court to
of the property attached (if it be sufficient for that the satisfaction of any judgment rendered in favor of
purpose) in the following manner: the attaching party
a) BY PAYING TO JUDGMENT OBLIGEE – the -and (after satisfying the judgment) the BALANCE shall
proceeds of all sales of perishable or other be REFUNDED to the depositor or his assignee
property sold in pursuance of the order of the
court, or so much as shall be necessary to If the judgment is in favor of the party against whom
satisfy the judgment attachment was issued
-the whole sum deposited must be REFUNDED to him
b) If any BALANCE REMAINS DUE – by SELLING or his assignee
so much of the property (real or personal) – as
may be necessary to satisfy the balance, if Sec. 19 Disposition of attached property where
enough for that purpose remain in the sheriff’s judgment is for party against whom attachment was
hands, or in those of the clerk of the court issued
If judgment be rendered against the attaching party
c) BY COLLECTING from all persons having in -all the proceeds (of sales and money collected or
their possession credits belonging to the received by sheriff, under the order of attachment)
judgment obligor, or owing debts or the latter -and all property attached remaining in any such
(at the time of the attachment of such sheriff’s hands
credits/debts as determined by the court in the -shall be delivered to the party against whom
action, and stated in the judgment), and attachment was issued
PAYING the proceeds of such collection over to -and the order of attachment discharged
the judgment obligee.
Sec. 20 Claim for damages on account of improper,
The sheriff shall forthwith make a RETURN (in writing) irregular or excessive attachment
-to the court of his proceedings under this section and An application for damages on account of improper,
-furnish the parties with copies thereof irregular or excessive attachment
-must be FILED
Sec. 16 Balance due collected upon an execution; -before the trial or
excess delivered to judgment obligor -before appeal is perfected or
If AFTER REALIZING all the property attached -before the judgment becomes executory
-including the proceeds of any debts or credits -with due notice to the attaching party and his
collected and surety(ies), setting forth the facts showing his right to
-applying the proceeds to the satisfaction of the damages and amount thereof
judgment,
-less the expenses of the proceedings upon the Such damages may be awarded only AFTER proper
judgment, hearing and shall be included in the judgment on the
main case
-any balance shall remain due, the sheriff must
proceed to COLLECT SUCH BALANCE as upon If the judgment of the appellate court be favorable to
ORDINARY EXECUTION the party against whom the attachment was issued
-he must claim damages sustained during the
Whenever the judgment shall have been paid, the pendency of the appeal
sheriff (upon reasonable demand), must RETURN to the -BY FILING an APPLICATION in the appellate court
judgment obligor -with notice to the party (in whose favor attachment
-the attached property REMAINING in his hands, and was issued or his surety(ies)
-any proceeds of the sale of the property attached not -before the judgment of the appellate court becomes
applied to the judgment executor

Sec. 17 Recovery upon the counter-bond The appellate court may allow the application to be
(When judgment has become EXECUTORY), heard and decided by the trial court
-the surety (ies) on any counter-bond (given pursuant to
this Rule to secure the payment of the judgment) Nothing herein contained shall prevent the party
-shall become CHARGED on such counter-bond against whom the attachment was issued
-and bound to PAY the judgment – which amount may -from recovering (in the same action) the damages
be recovered from such surety(ies) awarded to him from any property of the attaching
party (not exempt from execution)
-after notice and summary hearing in the same action -should the bond or deposit given by the latter be
insufficient or fail to fully satisfy the award
Sec. 18 Disposition of money deposited
Where the party against whom attachment had been
issued
-had deposited money instead of giving counter-bond

@mardymarg Page | 5
He who called you is faithful and He will do it.
1 Thessalonians 5:24
The cross declares, “it is done!”

-is doing, threatening, or is attempting to do or


-is procuring or suffering to be done (some act
or acts
-probably in violation of the rights of the
applicant
-respecting the subject of the action or
proceeding
-and tending to render the judgment
ineffectual

Sec. 4 Verified application and bond for preliminary


injunction or TRO
A preliminary injunction or TRO may be granted only
when:
RULE 58 – INJUNCTION
a) verified application (in the action or
Sec. 1 Preliminary injunction defined; classes. proceeding)
A preliminary injunction – is an order -shows facts entitling the applicant to relief
-granted at any stage of an action or proceeding demanded; and
-prior to the judgment or final order,
-requiring a b) bond (unless exempted by the court)
party -applicant files with the court where the action
court or proceeding is pending
agency or a
person -executed to the party or person enjoined
-in an amount to be fixed by the court
-to refrain form a particular act(s). -to the effect that the applicant will pay to
-It may also require the performance of a particular such party or person all damages which he
act(s), - in which case it shall be known as a may sustain by reason of the injunction or TRO
PRELIMINARY MANDATORY INJUNCTION. order (should the court finally decide that the
applicant was not entitled thereto).
Sec. 2 Who may grant preliminary injunction.
A preliminary injunction may be granted by Upon approval of the requisite bond – a writ of
-the court where the action or proceeding is pending preliminary injunction shall be issued.

If action or proceeding is pending in c) When an application (for a writ of PI or TRO) is


-CA or included in a complaint or any initiatory
-SC pleading, the case
-it may be issued by the said -if filed in a multiple-sala court – shall be
-court or raffled only after notice to and in the presence
-any member thereof of the adverse party or person to be enjoined.

Sec. 3 Grounds for issuance of preliminary injunction (In any event)


A preliminary injunction may be granted when it is Such notice shall be preceded or
established that: contemporaneously accompanied by
-service of summons
a) Applicant is entitled to the relief demanded -together with a copy of the complaint or
-the whole or part of such relief consists initiatory pleading and the
-in restraining the commission or -applicant’s affidavit and
continuance of the act or acts -bond (upon the adverse party in the
complained of, or Philippines)

-in requiring the performance of an Requirement of prior or contemporaneous


act(s) service of summons shall not apply:
(either for a limited period or -summons could not be served personally or by
perpetually) substituted service despite diligent efforts or
-adverse party is resident of Philippines
temporarily absent therefrom or
b) Commission, continuance, or non-performance -is a non resident thereof
(of the act or acts complained of)
-during the litigation d) Summary hearing – application for TRO shall
-would probably work injustice to the applicant thereafter be acted upon
-only after summary hearing
c) Party, court, agency, or a person (PCAP)

@mardymarg Page | 6
He who called you is faithful and He will do it.
1 Thessalonians 5:24
The cross declares, “it is done!”

-which shall be conducted within 24 hours -TRO is deemed automatically vacated


after
-the sheriff’s return of service and/or If issued by CA or member thereof
-the records are received by the -TRO shall be effective for 60 days from service on the
branch (selected by the raffle and to party/person sought to be enjoined
which the records shall be transmitted
immediately) If issued by SC
-a restraining order shall be effective until further
Sec. 5 Preliminary injunction not granted without orders
notice; exception
(GR) Hearing and prior notice to the party or persons Main case/petition shall be decided within 6 months
sought to be enjoined – are necessary before from issuance of writ
preliminary injunction shall be granted. -when trial court, CA, SB, and CTA that issued a writ of
prelim injunction
(XPNs) -against a lower court, board, officer, or quasi-judicial
1. Court may issue ex parte TRO to be effective agency
for a period of 20 days
-from service on the party or persons sought to Sec. 6 Grounds for objection to, or for motion of
be enjoined, except as herein provided dissolution of, injunction or restraining order
-if it shall appear from facts shown by The application for injunction or restraining order
affidavits or by the verified application -may be denied
-that great and irreparable injury -upon a showing of its insufficiency
would result to the applicant before
the matter can be heard on notice The injunction or restraining order
-may also be denied or
-within 20-day period, the court must -may be dissolved (if granted)
order said party or person, at a -upon affidavits of the party or person enjoined
specified time and place, to show -which may be opposed by applicants by (counter)
cause why the injunction should not affidavits
be granted and the court shall also The issuance or continuance thereof (as the case may
determine won preliminary injunction be)
shall be granted, and accordingly -may further be denied or
issue the corresponding order -may be dissolved (if granted)
-if it would cause irreparable damage to the party pr
2. Executive judge (of a multiple-sala court) or person enjoined while the applicant can be fully
Presiding judge (of a single-sala court) may compensated (for such damages as he may suffer)
issue ex parte TRO effective for only 72 hours -AND the former files a bond in an amount fixed by the
from issuance cout
-but shall immediately comply with the -conditioned that he will pay all damages
provisions of the next preceding section (as to which applicant may suffer by the denial or the
service of summons and the documents to be dissolution of the injunction or restraining
served therewith) order
-subject to provisions of preceding sections
-if the matter is of extreme urgency and the It may be modified
applicant will suffer grave injustice and -If it appears that the extent of the preliminary
irreparable injury injunction or restraining order granted is too great

-within 72 hours, the judge (before whom the Sec. 7 Service of copies of bonds; effect of disapproval
case is pending) shall conduct a summary of same
hearing to determine whether the TRO shall be The party filing a bond (in accordance with the
extended until preliminary injunction can be provisions of this Rule)
heard -shall forthwith serve a copy of such bond on the other
party
TRO Effectivity -who may except to the sufficiency of the
Total period of TRO – cannot exceed 20 days including bond, or of surety(ies) thereon
72 hours provided herein.
Injunction shall be dissolved
TRO effectivity is NOT extendible (no need for judicial -applicant’s bond is insufficient in amount
declaration). -surety(ies) fail to justify and
-a bond sufficient in amount with sufficient sureties
No court shall have authority to extend or renew TRO approved after justification is not filed forthwith
on the same ground.
Injunction shall be granted or restored
Application for preliminary injunction – denied or not -bond of adverse party is found to be insufficient in
resolved amount

@mardymarg Page | 7
He who called you is faithful and He will do it.
1 Thessalonians 5:24
The cross declares, “it is done!”

-surety(ies) fail to justify a bond sufficient in amount


with sufficient sureties approved after justification is
not filed forthwith

Sec. 8 Judgment to include damages against party and


sureties
At the trial
-the amount of damages to be awarded to either party
-upon the bond of adverse party
-shall be claimed, ascertained, and awarded under the
same procedure prescribed in Section 20 of Rule 57

Sec. 9 When final injunction granted


Court shall grant final injunction perpetually
restraining the party or person enjoined from the
commission or continuance of the act(s) or confirming
the preliminary mandatory injunction
-if after trial of the action
-it appears that the applicant is entitled to have the
act(s) complained of permanently enjoined

RULE 59 – RECEIVERSHIP

Sec. 1 Appointment of receiver


Upon a verified application
-one or more receivers (of the property subject of the
action or proceeding) may be appointed
-by the court where the action is pending
-or by the CA
-or by the SC or a member thereof

In the following cases:


a) appears from verified application and such
other proof as court may require
-that the applicant for the appointment of a
receiver has an interest in the property or fund
(which is subject of the action or proceeding)
-AND such property or fund is in danger of
being lost, removed, or materially injured
(LRM) unless a receiver be appointed to
administer and preserve it

b) In an action for foreclosure of a mortgage by


the mortgagee
-it appears that the property is in danger of
being wasted, or dissipated, or materially
injured (WDM) and that its value is probably
insufficient to discharge the mortgage debt,
-or that the parties have so stipulated in the
contract of mortgage

c) After judgment
-to preserve the property during the pendency
of an appeal
-or to dispose of it according to the judgment
or
-to aid execution when the execution has been
return unsatisfied or the judgment obligor
refuses to apply his property in satisfaction of
the judgment
-or otherwise to carry the judgment into effect

@mardymarg Page | 8
He who called you is faithful and He will do it.
1 Thessalonians 5:24
The cross declares, “it is done!”

d) Whenever (in other cases) it appears that -if applicant’s or receiver’s bond is found to be
-the appointment of a receiver is the most insufficient in amount
convenient and feasible means of -or if surety(ies) thereon fail to justify
-preserving -and a bond sufficient in amount with sufficient
-administering sureties approved after justification not filed forthwith
-or disposing of the property in
litigation Receiver shall be appointed or reappointed
-if the bond of adverse party is found to be insufficient
During the pendency of an appeal in amount or
-appellate court may allow an application (for the -the surety(ies) thereon fail to justify,
appointment of a receiver) to be filed in and decided by -and a bond sufficient in amount with sufficient
the court of origin and the receiver appointed to be sureties approved after justification is not filed
subject to the control of said court forthwith

Sec. 2 Bond on appointment of receiver Sec. 6 General powers of receiver


Court shall require applicant to file a bond Subject to the control of the court in which the action
-before issuing the order appointing a receiver or proceeding is pending, a receiver shall have the
-executed to the party against whom the application is power to:
presented
-in an amount to be fixed by the court -bring and defend, in such capacity, actions in his own
-to the effect that the applicant will pay such party all name
damages he may sustain by reason of the appointment -take and keep possession of the property in
of such receiver controversy
-in case such applicant shall have procured -receive rents
such appointment without sufficient cause -collect debts due to himself as receiver or to the fund,
property, estate, person, or corporation of which he is
Additional bond a receiver
-the court in its discretion may later require -compound for and compromise debts
-as further security for such damages -make transfers
-pay outstanding debts
Sec. 3 Denial of application of discharge of receiver -divide the money and other property that shall remain
The application may be denied, or the receiver among the persons legally entitled to receive the same
discharged -and generally to do such acts respecting the property
-when the adverse party files a (counter) bond as the court may authorize
-executed to the applicant
-in the amount to be fixed by the court However, funds in the hands of the receiver may be
-to the effect that such party will pay the invested
applicant all damages he may suffer by reason -only by the order of the court
of the acts, omissions, or other matters -upon the written consent of all the parties to the
specified in the application as ground for such action
appointment
-receiver may be discharged also – if it is shown that Leave of court (necessary)
his appointment was obtained without sufficient -in an action that may be filed BY or AGAINST receiver
cause. which APPOINTED him

Sec. 4 Oath and bond receiver Sec. 7 Liability for refusal or neglect to deliver
Before entering upon his duties property to receiver
-the receiver shall be sworn to perform them faithfully May be punished for contempt and shall be liable to
-and shall file a bond receiver for money or value of property and other
-executed to such person in such sum as the things so refused or neglected to be surrendered
court may direct together with all damages that may have been
-to the effect that he will faithfully discharge sustained by the party(ies) entitled thereto as a
his duties in the action or proceeding and obey consequence of such refusal or neglect
the orders of the acourt -A person who refuses or neglects
-upon reasonable demand
Sec. 5 Service of copies of bonds; effect of disapproval -to deliver to the receiver
of the same -all the property, money, books, deeds, notes, bills,
Serve a copy thereof on each interested party documents and papers within this power or control
-by person filing a bond in accordance with the -subject of or involved in the action or proceeding
provisions of this Rule -or in case of disagreement
-interested party may except to its sufficiency or
surety(ies) thereon Sec. 8 Termination of receivership; compensation of
receiver
Application shall be denied or receiver discharged Court (motu proprio or on motion of either party)

@mardymarg Page | 9
He who called you is faithful and He will do it.
1 Thessalonians 5:24
The cross declares, “it is done!”

-shall determine the necessity for a receiver no longer


exists
-after due notice to all interested parties and hearing,
court shall
-settle the accounts of the receiver
-direct the delivery of the funds and other
property in his possession to the person
adjudged to be entitled to receive them
-and order the discharge of the receiver from
further duty as such

The court shall allow the receiver such reasonable


compensation as the circumstances of the case
warrant
-to be taxed as costs against the defeated party, or
apportioned as justice requires

Sec. 9 Judgment to include recovery against sureties


The amount (if any) to be awarded to any party
-upon any bond filed in accordance with the provisions
of this Rule
-shall be claimed, ascertained, and granted under the
same procedure prescribed in Section 20, Rule 57

@mardymarg Page | 10
He who called you is faithful and He will do it.
1 Thessalonians 5:24
The cross declares, “it is done!”

-executed to the adverse party


-in DOUBLE the value of the property as stated in the
affidavit aforementioned
-for the return of the property to the adverse party (if
such return be adjuged)
-AND for the payment to the adverse party of such sum
as he may recover from the applicant in the action

Sec. 3 Order
Upon filing of such affidavit and approval of the bond
The court shall
-issue an order
-and the corresponding writ of replevin

Writ of replevin
-describing the personal property alleged to be
wrongfully detained
-and requiring the sheriff forthwith to take such
property into his custody

Sec. 4 Duty of the sheriff


Upon receiving such order, the sheriff must:
-serve on the adverse party
-a copy thereof together with
-copy of the application
-affidavit
-bond
RULE 60 – REPLEVIN -must forthwith take the property (if it in be the
possession of the adverse party, or his agent)
-and retain custody
Sec. 1 Application
A party applying Demand its delivery
-for recovery of possession of personal property -if property or any part thereof be concealed in a
-may apply for an order for the delivery of such building or enclosure
property to him (in the manner hereinafter provided)
He must cause the building or enclosure to be broken
-at the commencement of the action or open and take the property into his possession
-at any time before answer -if it be not delivered despite demand of its delivery

Sec. 2 Affidavit and bond Keep it in secure place


The applicant must show by his own affidavit or that of -after sheriff has taken possession of the property as
some other person who personally know the facts that: herein provided

a) Applicant is owner or entitled to possession He shall be responsible for its delivery


thereof (of property claimed), particularly -to party entitled thereto upon receiving his fees and
describing it necessary expenses for taking and keeping the same

b) Property is wrongfully detained by the adverse Sec. 5 Return of property


party Objection to sufficiency of applicant’s bond or of
-alleging cause of detention thereof according surety(ies) thereon by adverse party
to best of his knowledge, information, and -he cannot immediately require the return of the
belief property

c) Property has not been distrained or taken for If he does not object, he may
-tax assessment -any time before delivery of the property to applicant
-or fine pursuant to law -require return thereof
-or seized under a writ of execution or -by filing with the court where action is
-seized under a writ of preliminary attachment pending a bond
-or otherwise placed under custodial egis -executed to the applicant
-or if so seized – exempt from such seizure or -double the value of the property as stated in
custody the applicant’s affidavit
-and for the payment of such sum to him as
d) AMV of the property may be recovered against the adverse party
-and by serving a copy of such bond on
Applicant’s bond applicant

@mardymarg Page | 11
He who called you is faithful and He will do it.
1 Thessalonians 5:24
The cross declares, “it is done!”

-shall represent Sheriff in case he is sued for damages


as a result of replevin
Sec. 6 Disposition of property by sheriff
Property shall be delivered to applicant National Treasurer
-if within 5 days after taking of the property by sheriff -out of the funds to be appropriated for such purpose
-adverse party does not object to sufficiency of -shall pay the actual damages adjudged by the court
the bond or surety(ies) thereon against sheriff
-or if adverse party so objects and the court
affirms its approval of the applicant’s bond or Sec. 8 Return of papers
approves a new bond Sheriff must
-or if adverse party requires the return of -file the order (with his proceedings thereon)
property but his bond is objected to and found -with the court
insufficient and he does not forthwith file an -within 10 days after taking the property
approved bond
Sec. 9 Judgment
Property return to adverse party After trial of the issues
-if (for any reason) -the court shall
-the property is not delivered to the applicant
-determine
Sec. 7 Proceedings where property claimed by third -who has the right of possession to
person -and the value of the property
If property taken is being claimed by third person
(other than party against whom writ of replevin had -and render judgment in the alternative
been issued or his agent) -for the delivery thereof to the party
-and such person makes an affidavit entitled to –the same
-of his title thereto -or for its value in case delivery cannot
-or right to the possession thereof be made
(stating grounds therefor) -and also for such damages as either
-and serves such affidavit upon such sheriff party may prove (with costs)
(while the latter has possession of the
property) Sec. 10 Judgment to include recovery against sureties
-and copy thereof upon the applicant The amount (if any) to be awarded to any party upon
-the sheriff shall not be bound to keep the property any bond filed in accordance with the provisions of
under replevin or deliver it to the applicant this Rule
-unless the applicant or his agent (on sheriff’s -shall be claimed, ascertained, and granted under the
demand) shall file a bond approved by the same procedure as prescribed in Sec. 20 of Rule 57.
court to indemnify third-party claimant in a
sum not less than the value of the property
-court shall determine in case of disagreement
as to such value

Within 120 days from the date of the filing of the bond
-period wherein claim for damages for the taking or
keeping of the property may be enforced against the
bond

Sheriff shall not be liable for damages


-for taking or keeping of such property
-to any such third-party claimant
-if such bond shall be filed

Nothing herein shall prevent claimant or any third


person from vindicating his claim to the property or
prevent the applicant from claiming damages against
third-party claimant who filed a frivolous or plainly
spurious claim
-in the same or separate action

Filing of bond shall not be required


-when writ of replevin is issued in favor of the
-RP
-any officer duly representing it

Solicitor General

@mardymarg Page | 12
He who called you is faithful and He will do it.
1 Thessalonians 5:24
The cross declares, “it is done!”

RULE 61 – SUPPORT ‘PENDENTE LITE’

Sec. 1 Application
At the commencement of the proper action or
proceeding o
At any time proper to judgment or final order

A verified application for support pendent lite


-may be filed by any party
-stating the grounds for the claim and
-the financial conditions of both parties and
-accompanied by affidavits, depositions or other
authentic documents in support thereof

Sec. 2 Comment
Service (shall be served upon adverse party)
-a copy of the application
-all supporting documents

Comment
-adverse party shall have 5 days to comment thereon
-unless upon adverse party’s motion, a different period
is fixed by the court
-accompanied by affidavits, depositions or other
authentic documents in support thereof

Sec. 3 Hearing
After the comment is filed or
After the expiration of the period for its filing

Hearing
-not more than 3 days thereafter
-facts in issue shall be proved in the same manner as is
provided for the evidence in motions

Sec. 4 Order
The court
-shall determine provisionally the pertinent facts, and
-shall render such orders as justice and equity may
require
(having due regard to the probable outcome of the
case and such other circumstances as may aid in the
proper resolution of the question involved)

@mardymarg Page | 13
He who called you is faithful and He will do it.
1 Thessalonians 5:24
The cross declares, “it is done!”

Granted application Separate action


-court shall fix the amount of money to be provisionally -without prejudice to the right of the recipient to obtain
paid reimbursement in a separate action
-or such other forms of support to be provided -from the person legally obliged to give the support
taking into account
-the necessities of the applicant and Should the recipient fail to reimburse said amount
-the resources or means of the -the person who provided the same may likewise seek
adverse party reimbursement thereof in a separate action from the
-and the terms of payment or mode for providing the person legally obliged to give such support
support

Denied application
-the principal case shall be tried and decided as early
as possible

Sec. 5 Enforcement of order


(If the adverse party fails to comply with an order
granting support pendent lite)
The court shall issue an order of execution against him
(without prejudice to his liability for contempt)
-motu proprio or
-upon motion

(When the person ordered to give support pendent lite


refuses or fails to do so)
Any third party who furnished that support to the
applicant
-after notice and hearing in the same case
-obtain a writ of execution to enforce his right of
reimbursement against the person ordered to provide
such support

Sec. 6 Support in criminal cases


In criminal actions where the civil liability (includes
support for the offspring as a consequence of the
crime) and the civil aspect thereof
-has not been waived
-has not been reserved
-has not been instituted prior to its filing
-the accused may be ordered to provide support
pendent lite to the child born to the offended party
allegedly because of the crime.

Application
-may be filed successively by:
-the offended party
-her parents
-grandparents
-guardian and the
-State
-in the corresponding criminal case during its
pendency
-in accordance with the procedure established under
this Rule
SPECIAL CIVIL ACTIONS (IDR-CQEF-PFC)
Sec. 7 Restitution
(When the judgment or final order of the court finds RULE 62 – INTERPLEADER
that the person who has been providing support RULE 63 – DECLARATORY RELIEF AND SIMILAR
pendent lite is NOT LIABLE therefore) REMEDIES
-court shall order the recipient thereof to RETURN to RULE 64 – REVIEW OF JUDGMENTS AND FINAL
the former the ORDERS OR RESOLUTIONS OF THE COMELEC
-amounts already paid AND COA
-with legal interest from the dates of actual RULE 65 – CERTIORARI, PROHIBITION AND MANDAMUS
payment RULE 66 – QUO WARRANTO

@mardymarg Page | 14
He who called you is faithful and He will do it.
1 Thessalonians 5:24
The cross declares, “it is done!”

RULE 67 – EXPROPRIATION -declare him in default and


RULE 68 – FORECLOSURE OF REAL ESTATE -thereafter render judgment barring him from any claim
MORTGAGE in respect to the subject matter.
RULE 69 – PARTITION
RULE 70 – FORCIBLE ENTRY AND UNLAWFUL The parties in an interpleader action may file
DETAINED -counterclaims,
RULE 71 – CONTEMPT -cross-claims,
-third-party complaints and
-responsive pleadings thereto, as provided by these
RULE 62 – INTERPLEADER Rules. (4a, R63)

Section 1. When interpleader proper. Section 6. Determination.


Whenever conflicting claims upon the same subject The court shall proceed to
matter are made or may be made against -determine their respective rights and
 a person who claims no interest whatever in -adjudicate their several claims
the subject matter,
 or an interest which in whole or in part is not  After the pleadings of the conflicting claimants
disputed by the claimants have been filed, and
-he may bring an action against the conflicting
claimants to compel them to interplead and litigate
 pre-trial has been conducted in accordance
with the Rules,
their several claims among themselves. (1a, R63)
(5a, R63)
Section 2. Order.
Section 7. Docket and other lawful fees, costs and
Upon the filing of the complaint,
litigation expenses as liens.
-the court shall issue an order requiring the conflicting
claimants to interplead with one another.  The docket and other lawful fees paid by the
party who filed a complaint under this Rule,
If the interests of justice so require,  as well as the costs and litigation expenses,
-the court may direct in such order that the subject -shall constitute a lien or change upon the subject
matter be paid or delivered to the court. (2a, R63) matter of the action, unless the court shall order
otherwise. (6a, R63)
Section 3. Summons.
Shall be served upon the conflicting claimants (SCO)
-Summons, together with a
-copy of the complaint and
-copy of the order. (3, R63)

Section 4. Motion to dismiss.


Within the time for filing an answer,
-each claimant may file a motion to dismiss
-on the ground of
-impropriety of the interpleader action or on
-other appropriate grounds specified in Rule
16.

The period to file the answer shall be tolled and

if the motion is denied,


-the movant may file his answer
-within the remaining period,
-but which shall not be less than five (5) days in any
event, reckoned from notice of denial. (n)

Section 5. Answer and other pleadings.


Each claimant shall file his answer setting forth his
claim
-within fifteen (15) days from service of the summons
upon him,
-serving a copy thereof upon each of the other
conflicting claimants who may file their reply thereto
as provided by these Rules.

If any claimant fails to plead within the time herein


fixed,
-the court may, on motion, (ex parte or on motion)

@mardymarg Page | 15
He who called you is faithful and He will do it.
1 Thessalonians 5:24
The cross declares, “it is done!”

 shall be entitled to be heard upon such


question. (3a, R64)

Section 4. Local government ordinances.


In any action involving the validity of a local
government ordinance,
-the corresponding prosecutor or attorney of the local
governmental unit involved
 shall be similarly notified and
 entitled to be heard.

If such ordinance is alleged to be unconstitutional,


-the Solicitor General shall also be
 notified and
 entitled to be heard. (4a, R64)

Section 5. Court action discretionary.


The court, motu proprio or upon motion,
-may refuse to exercise the power
 to declare rights and
RULE 63 – DECLARATORY RELIEF AND SIMILAR  to construe instruments in any case
REMEDIES o where a decision would not terminate
the uncertainty or controversy which
Section 1. Who may file petition. gave rise to the action, or
Any person o in any case where the declaration or
 interested under a deed, will, contract or other construction is not necessary and
written instrument, or proper under the circumstances. (5a,
 whose rights are affected by a statute, R64)
executive order or regulation, ordinance, or
any other governmental regulation may, Section 6. Conversion into ordinary action.
-before breach or violation thereof If before the final termination of the case,
-bring an action in the appropriate Regional Trial Court -a breach or violation of an instrument or a statute,
-to determine any question of construction or validity executive order or regulation, ordinance, or any other
arising, and governmental regulation should take place,
-for a declaration of his rights or duties, thereunder. -the action may thereupon be converted into an
(Bar Matter No. 803, 17 February 1998) ordinary action,
-and the parties shall be allowed to file such pleadings
An action may be brought under this Rule: as may be necessary or proper. (6a, R64)
 for the reformation of an instrument,
 to quiet title to real property or remove clouds
therefrom, or
 to consolidate ownership under Article 1607 of
the Civil Code,
(1a, R64)

Section 2. Parties.
All persons who have or claim any interest which
would be affected by the declaration shall be made
parties;

(Not prejudicial to rights of those not parties herein)


GR: No declaration shall prejudice the rights of
persons not parties to the action.
XPN: except as otherwise provided in these Rules,
(2a, R64)

Section 3. Notice on Solicitor General.


In any action which involves the validity of a
 statute,
 executive order or
 regulation, or
 any other governmental regulation,
Solicitor General
 shall be notified by the party assailing the
same and

@mardymarg Page | 16
He who called you is faithful and He will do it.
1 Thessalonians 5:24
The cross declares, “it is done!”

o and granting such incidental reliefs as


law and justice may require.

The petition shall be accompanied by a


o certified true copy of the judgment, order or
resolution subject thereof,
o copies of all pleadings and documents relevant
and pertinent thereto,
o and a sworn certification of non-forum
shopping as provided in the third paragraph of
section 3, Rule 46. (1a)

Section 2. Petition for prohibition.


When the proceedings of any tribunal, corporation,
board, officer or person, whether exercising judicial,
quasi-judicial or ministerial functions, are
o without or in excess of its or his jurisdiction,
o or with grave abuse of discretion amounting to
lack or excess of jurisdiction,
o and there is no appeal or any other plain,
speedy, and adequate remedy in the ordinary
course of law,
-a person aggrieved thereby may file a verified petition
in the proper court,
o alleging the facts with certainty and
o praying that judgment be rendered
o commanding the respondent to desist
from further proceedings in the action
or matter specified therein,
o or otherwise granting such incidental
reliefs as law and justice may require.

The petition shall likewise be accompanied by a


o certified true copy of the judgment, order or
resolution subject thereof,
o copies of all pleadings and documents relevant
and pertinent thereto,
o and a sworn certification of non-forum
shopping as provided in the third paragraph of
section 3, Rule 46. (2a)

Section 3. Petition for mandamus.


When any tribunal, corporation, board, officer or person
o unlawfully neglects the performance of an act
which the law specifically enjoins as a duty
resulting from an office, trust, or station,
RULE 65 – CERTIORARI, PROHIBITION AND MANDAMUS o or unlawfully excludes another from the use
and enjoyment of a right or office to which
Section 1. Petition for certiorari . such other is entitled,
When any tribunal, board or officer exercising judicial o and there is no other plain, speedy and
or quasi-judicial functions (tbo)
adequate remedy in the ordinary course of law,
o has acted without or in excess its or his -the person aggrieved thereby may file a verified
jurisdiction, petition in the proper court,
o or with grave abuse of discretion amounting to o alleging the facts with certainty and
lack or excess of jurisdiction, o praying that judgment be rendered
o and there is no appeal, or any plain, speedy, o commanding the respondent,
and adequate remedy in the ordinary course of immediately or at some other time to
law, be specified by the court, to do the act
-a person aggrieved thereby may file a verified petition required to be done to protect the
in the proper court, rights of the petitioner,
o alleging the facts with certainty and o and to pay the damages sustained by
o praying that judgment be rendered the petitioner by reason of the
o annulling or modifying the proceedings wrongful acts of the respondent.
of such tribunal, board or officer,
The petition shall also contain a

@mardymarg Page | 17
He who called you is faithful and He will do it.
1 Thessalonians 5:24
The cross declares, “it is done!”

o sworn certification of non-forum shopping as o to appear and


provided in the third paragraph of section 3, o defend,
Rule 46. (3a) o both in his or their own behalf and
o in behalf of the public respondent or
Section 4. When and where petition filed. respondents affected by the
The petition shall be filed proceedings,
-not later than sixty (60) days from notice of the
judgment, order or resolution. (jor) and the costs awarded in such proceedings in favor of
the petitioner
In case a motion for reconsideration or new trial -shall be against the private respondents only,
(MR/MNT) is timely filed, whether such motion is -and not against the judge, court, quasi-judicial agency,
required or not, tribunal, corporation, board, officer or person
-the sixty (60) day period shall be counted from notice impleaded as public respondent or respondents.
of the denial of said motion.
GR: The public respondents shall not appear in or file
SC an answer or comment to the petition or any pleading
-petition shall be filed therein.
XPN: Unless otherwise specifically directed by the
Regional Trial Court court where the petition is pending
-exercising jurisdiction over the territorial area as
defined by the Supreme Court If the case is elevated to a higher court by either party,
- if it relates to the acts or omissions of a -the public respondents shall be included therein as
o lower court or of a nominal parties.
o corporation,
o board, GR: They shall not appear or participate in the
o officer or proceedings therein.
o person XPN: unless otherwise specifically directed by the
court (5a)
Court of Appeals
-whether or not the same is in aid of its appellate Section 6. Order to comment.
jurisdiction, The court shall issue an order requiring the respondent
or respondents to comment on the petition within ten
Sandiganbayan (10) days from receipt of a copy thereof
- if it is in aid of its appellate jurisdiction -If the petition is sufficient in form and substance to
justify such process
Cognizable only by the Court of Appeals.
-If it involves the acts or omissions of a quasi-judicial (Service on the respondents)
agency, Shall be served on the respondents in such manner as
unless otherwise provided by law or these Rules the court may direct
o such order
(Extension to file) o together with a copy of the petition and any
GR: No extension of time to file the petition shall be annexes thereto
granted
XPN: (not exceeding 15 days and for compelling In petitions for certiorari before the Supreme Court and
reason) except for compelling reason and in no case the Court of Appeals, the provisions of section 2, Rule
exceeding fifteen (15) days. 56, shall be observed.
(4a) (Bar Matter No. 803, 21 July 1998; A.M. No. 00-2-
03-SC) Before giving due course thereto,
-the court may require the respondents to file their
Section 5. Respondents and costs in certain cases. comment to, and not a motion to dismiss, the petition.
When the petition filed relates to the acts or omissions
of a Thereafter, the court may require
o judge, -the filing of a reply and such other responsive or other
o court, pleadings as it may deem necessary and proper. (6a)
o quasi-judicial agency,
o tribunal, Section 7. Expediting proceedings; injunctive relief.
o corporation, The court in which the petition is filed
o board, o may issue orders expediting the proceedings,
o officer or and it
o person, o may also grant a
-the petitioner shall join, (as private respondent or o temporary restraining order or a
respondents with such public respondent or o writ of preliminary injunction for the
respondents), the person or persons interested in preservation of the rights of the
sustaining the proceedings in the court; parties pending such proceedings.
-and it shall be the duty of such private respondents

@mardymarg Page | 18
He who called you is faithful and He will do it.
1 Thessalonians 5:24
The cross declares, “it is done!”

GR: The petition shall not interrupt the course of the


principal case
XPN: unless a temporary restraining order or a writ of
preliminary injunction has been issued against the
public respondent from further proceeding in the case.
(7a)

Section 8. Proceedings after comment is filed.


the court may hear the case or require the parties to
submit memoranda
o After the comment or other pleadings required
by the court are filed,
o or the time for the filing thereof has expired,

If after such hearing or submission of memoranda or


the expiration of the period for the filing thereof
-the court finds that the allegations of the petition are
true,
-it shall render judgment for the relief prayed for or to
which the petitioner is entitled

The court, however, may dismiss the petition if it finds


the same
o to be patently without merit,
o prosecuted manifestly for delay,
o or that the questions raised therein are too
unsubstantial to require consideration. (8a)

Section 9. Service and enforcement of order or


judgment.
A certified copy of the judgment rendered in
accordance with the last preceding section shall be
served upon the
o court,
o quasi-judicial agency,
o tribunal,
o corporation,
o board,
o officer or
o person concerned
-in such manner as the court may direct,
-and disobedience thereto shall be punished as
contempt.

An execution may issue for any damages or costs


awarded in accordance with section 1 of Rule 39.
(9a)

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