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right o Violation of the right o Urgent and necessity to prevent serious damage Status quo ante – the last actual, peaceful and uncontested status that precedes the actual controversy (NOTE: not the status before the filing of the case) State immunity does not apply in injunction cases Doctrine of non-jurisdiction does not apply (meaning: jurisdictional) o EXCEPTIONS: Mandatory injunctions If enforced against a government office which can be enforced in any local division Directed against a private corporation, where it has its principal office CA cannot entertain an ORIGINAL ACTION for injunction (it can if it is already a pending action or pending appeal, BUT NOT original action) CA can issue preliminary injunction to CSC’s decision pending appeal. NCIP has jurisdiction to issue preliminary injunction to cases that involves IP’s and ancestral domains (it cannot be overturned by an inferior court) Even one member of the CA may issue a writ. Issuance of preliminary injunction rests to the sound discretion of the court. Government infrastructure projects cannot be enjoined. o Exceptions: Only the Supreme Court can If against the safety of the citizens Author or creator of literary piece cannot be enjoined with respect to the literary piece. No right in esse if wrong property registration has been complied.
Decision from the Ombudsman cannot be enjoined. Probability is enough basis for injunction to issue as provisional remedy, there is no requirement that a violation of right should be in absolute certainty Ineffectual judgment: TV commercials can be enjoined Irreparable injury – does not refer to the amount of damages that may be caused but rather to the difficulty of measuring the damages inflicted. If full compensation can be obtained by way of damages, then remedy of injunction may not apply. Only sampling evidence is needed in hearing of preliminary injunction (no predetermination of merits) STATUS QUO ORDER issued when: (equitable) o The party sis not seek such relief o Allegations in the complaint did not sufficiently make out a case for a TRO SQO is in the nature of cease and desist order. It does not prohibit or compel. It does not need the filing of the bond. The rule of non-extendibility 20 days of the TRO is absolute if issued by the RTC. Presence of the adverse party is required during raffling. o Exceptions: Summons could not be served personally Summons could not be served by substituted service despite diligent efforts Adverse party is a resident of the Phils temporarily absent Adverse party is nonresident No re-raffling of a case by reason of an amendment of a complaint. Saturdays and Sundays are included in the computation of the lifetime of the TRO
Taxes o GR: Taxes cannot be enjoined o Collections of local taxes can be enjoined o National taxes may be enjoined if: Clear in ability to pay Clear that there is discrepancy Order of dismissal by the CSC (affirmed by the CA) may be enjoined pending appeal o When there is absence of due process
Lifetime o MTC – 20 days o RTC – 20 days o CA – 60 days o SC – indefinite Summary conducting WITHIN the 72-hour TRO and NOT after. Injunction cannot be disguised as an action for quo warranto. BURDEN OF PROOF o Upon application – the applicant o After issuance – the adverse party (show cause why the writ should not issue) OUTRIGHT DENIAL OF WRIT – insufficiency Final injunction is ONLY granted AFTER trial. Disturbance of possession is a ground for the issuance of preliminary mandatory injunction Preliminary mandatory injunction does not preserve the status quo
However. an independent injunction in the CA may be justified Injunction not proper to transfer possession Injunctions against court of equal rank. Injunction orders in labor cases are prohibited No injunction if not prayed in the complaint Injunction not proper to enjoin the prosecution in criminal cases o Exceptions: Orderly administration of justice To avoid multiplicity of actions Afford adequate protection of constitutional rights Statue relied upon is unconstitutional or was held invalid Hearing of the libel case can be enjoined after the Supreme Court held that the statement was privilege Traffic ordinance found to be invalid Where the criminal case was found civil in nature Mandatory injunction not proper: o Compel cohabitation o Cancellation of attachment o Release of goods pending before Customs o To take property out of the possession or control of one party and transfer it to another whose title has not been clearly established. Statutory Prohibitions on Injunctions o Labor disputes o Government infrastructure projects o Government financing institution with regard to mandatory foreclosure Not applicable to property already foreclosed Not applicable if the debt is still undetermined o With regard to agrarian disputes in Presidential Agrarian Reform Council o o Asset Privatization Trust Public grants in exploitation of natural resources Except if such was not alleged but the right of the defendant RECEIVERSHIP Common law receiver – without judicial appointment Receivership can be granted pending appeal Discretionary on the part of the court The subject property must be in litigation Receivership is not proper on dispute over titles and ownership Receivership is proper in maladministration and strained relations between co-owners Stipulations allowing mortgagee to take possession upon foreclosure of mortgage is valid Receivership is proper on cases of abandonment by the other spouse Trial court has jurisdiction to issue receivership even after perfection of appeal All the NECESSARY parties to be affected by the receivership must be included in the suit Appointment of plaintiff as receiver ONLY in SPECIAL circumstances Failure to file counter-bond is not sufficient ground to dismiss petition for receivership Notice of lis pendens can be an alternative to a receivership in protecting the property. Injunction not proper in restraining the mayor duly elected from assuming his office Writ of execution issued by the NLRC cannot be enjoined by the lower court Executed judgment cannot be enjoined BUT if the appeal is not yet perfected. it will not preclude the appointment of a receiver. Modes to protect property o Receivership o Notice of lis pendens o Counter-bond to answer for all damages petitioners may suffer o Issuance of an injunctive writ to foreclose the disputed property Right of possessor of the disputed property is superior Appointment of receiver is not proper where the rights of the parties. prohibited. . the defect is therefore apparent in the complaint and can be dismissed outright without notice to the parties. one of whom is in possession of the property are still to be determined by the trial court. Acts already performed cannot be prohibited Injunction does not apply to parties not privy thereto Actions of Monetary Board cannot be enjoined (remedy: certiorari) Suspension of orders is equivalent to injunction Independent action for preliminary injunction is not allowed Hearing not necessary if the complaint is insufficient.
by the fact that the object of replevin is traced to his possession. . Replevin not proper over property forfeited by the DENR Mere filing of the bond and affidavit is not enough for replevin to issue as a matter of right. Basis for the double value of the property o Double the value of the property as stated in the affidavit NOT double the probable value of the property Sheriff should deliver the property to the applicant after the lapse of five days without opposition from the adverse party. there should be sufficient allegations as one of the requirements Replevin not proper to attached properties Property subject of the search warrant cannot be replevied Service of the writ upon the adverse party is MANDATORY Service of the writ to the guard of the adverse party in the company is not proper Writ of replevin can enforced anywhere (nonjurisdictional). Nature: possessory action RTC cannot take cognizance of the procedures conducted by the Bureau of Customs No need to prove ownership. he should seek the assistance of the sheriff where the execution is to take place. It is only when it is lawfully taken by virtue of legal process. BUT the sheriff cannot enforce the writ outside his territorial jurisdiction. A receiver needs court approval before entering into a contract Compensation of receiver discretionary with the court Grounds for removal of a receiver: o Receiver asserts ownership of the property in custody o Receiver refuses to submit any account of the financial status of said property Clerk of court can be a receiver. Property subject of litigation is not by that fact alone in custodia legis. as long as she takes an oath and file a bond Irregular appointment of receiver cannot be validated Exhaustion of administrative remedy before receivership GR: neither party to the litigation should be appointed without the consent of the other REPLEVIN Property held as evidence in a criminal case cannot be replevied . one can properly be a defendant in an action for replevin. only right to possession only Even if the third party is not privy to the case.
Support pendent lite not proper when the husband is yet to prove the adultery of the wife. Mere affidavits may satisfy the court to grant support pendent lite Prima facie evidence is needed Order of support immediately executory o Except if the appeal was not objected to. REMEDY: file an action for support pendent lite in the appellate court Support in arrears is allowed Defenses available to the defendant o Denial of paternity o Non-existence of marriage o Death of recipient o Improper conduct of the person seeking support The court may still grant support pendent lite notwithstanding the denial of status or juridical relationship (it is the court that will determine provisionally the pertinent facts for the purpose of either granting or denying the application) In order to entitle a wife to maintain a separate home and to require a separate maintenance from her husband. Repeated illicit relations with women outside of the marital establishment are enough. it is not necessary that the husband should bring a concubine into the marital domicile. then it can be appealed o However such support cannot be stayed. SUPPORT PENDENTE LITE Support comprises o Sustenance o Dwelling o Clothing o Medical attendance o Education and transportation (even beyond the age of majority) Who may give support: (oblige to support each other) o Spouses o Ascendants and descendants o Parents and their legit or illegit children o Legit brothers and sisters (full or half)even not blood related This provisional remedy should have action for support Support pendent lite is not proper in a main action for recovery of possession Not final in character . it should be executed pending appeal When the appeal is perfected the RTC losses jurisdiction to grant support pendent lite.
the issuance of the writ of attachment becomes ministerial duty by the court enforceable by mandamus Separate action needs to be commenced when the garnishee claims an interest in the property OR denies the debt Remedy of judgment creditor against the garnishee: same or separate action. Notice to the owner is not notice to the occupant. not discretionary Copy of the writ may be served on the secretary of the president of the corporation (she was considered agent) Annotations in the book of stocks is not required for the writ of attachment to be valid (the law only requires notice to the proper corporate officers) In garnishment. that designation is exclusive and service of summons on any other person is ineffectual Irregularities in the enforcement of attachment cannot be cured by subsequent service of summons. PRELIMINARY ATTACHMENT Provisional remedy cannot be issued for any other purpose You cannot attach property under your custody Mere statement that defendant is a foreigner is not enough. Number of the certificate of title is sufficient for identification Duly registered attachment(retroacts to the date of levy) is given preference over prior unregistered sale or notice of lis pendens Actual possession should be as far as practicable o Enforced dominion o Substantial presence and possession Sheriff may designate the safekeeping of the property BUT he cannot be relieved of any liability Leaving the attached property in the possession of the attaching creditor is not allowed The duty of the sheriff to execute the writ of preliminary attachment is purely ministerial. there was no levy. . writ of attachment does not apply Summon by publication (resident but temporarily out) needs leave of court Failure to allege in the affidavit the requisites prescribed for the issuance of the writ of preliminary attachment cannot be cured by amendment Preliminary attachment NOT proper where debt is secured Preliminary attachment is proper where debt is secured in the beginning but the security became valueless later No writ of attachment can be issued based on an undertaking or promissory note. it must be shown that he is about to depart with intent to defraud creditors Attachment not proper if the debt is not yet due and payable Amount sought to be attached is liquidated Writ of attachment cannot be issued for moral and exemplary damages and other unliquidated or contingent claim (such cannot be factored in the determination of the counter-bond) Joint ownership of the ticket that won is a proper subject of attachment (the other is deemed depository or agent of the other) Writ may be issued against the officer of a corporation. such is not equivalent to a bond Responsibility of surety arises when the court adjudged that plaintiff not entitled to the writ When a foreign corporation designates a person to receive service of summons. who without authorization takes money from the corporation Writ of attachment may be construed as a claim for delivery of property Insolvency is not a ground for the issuance of writ of attachment Intent to defraud is usually inferred from the facts and circumstances of the case Execution of mortgage does not constitute fraud sufficient for the issuance of writ of attachment Foreign corporations authorized to do business in the Phils are considered as residents. notify the debtor and the garnishee Non-fulfillment of the terms and conditions of a compromise agreement approved by the court justifies execution. and its registration is ineffective and invalid. such is void The right of participation with regard to the heir’s share in the estate of the deceased may be attached and sold Rules does not provide for the lifetime of the writ of preliminary attachment An attachment levied on a real estate not duly recorded in the registry of property is not an encumbrance on the attached property Where no notice of levy was given to the occupant of the land.
000 owned by a fisherman o Salaries. there has to be a HEARING Hearing is necessary in determining the propriety of the issuance of the writ A motion for reconsideration may be considered as a motion to discharge writ of attachment An attachment may not be dissolved by a showing of its improper or irregular issuance IF it is upon a ground which is at the same time the applicant’s cause of action in the main case No need to post counter-bond IF the discharge is due to a rectification of judgment No multiplicity of suits when a third party files a separate action Payment was in check not payable to the creditor. The attaching creditor acquires the right of redemption of a debtor over the attached properties which are subsequently foreclosed by third parties Attachment or sequestration continues even in bankruptcy court Partial execution of judgment is not a ground for the discharge of the writ of attachment Mere posting of a counter-bond does not automatically discharge the writ of attachment. wages or earnings within four months preceding the levy as are necessary for the support of his family o Lettered gravestones o Annuities of any life insurance o Right to support (from private or government) o Exempted by law .000 o One fishing boat and accessories not exceeding 100.00 o Provisions for individual or family use sufficient for four months o Professional libraries and equipments not exceeding 300. debtor still liable The counter-bond cannot be held liable other than the payment of judgment A writ of attachment may be issued in a counterclaim filed by the defendant Attachment is purely statutory. It cannot be issued if not expressly permitted by law. Cannot be attached: o Family home o Tools and implements personally used in trade and employment o 3 beasts of burden necessarily used by him in his ordinary occupation o Necessary clothing and articles for ordinary personal use excluding jewelry o Household furniture and utensils necessary for housekeeping not exceeding 100.
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