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CRIMINAL

PROCEDURE NOTES (2013-2014)


RULE 127: PROVISIONAL REMEDIES IN


CRIMINAL CASES

Section 1. Availability of provisional remedies.
The provisional remedies in civil actions, insofar as they are
applicable, may be availed of in connection with the civil action
deemed instituted with the criminal action. (1a)

Section 2. Attachment.
When the civil action is properly instituted in the criminal action as
provided in Rule 111, the offended party may have the property of
the accused attached as security for the satisfaction of any judgment
that may be recovered from the accused in the following cases:

(a) When the accused is about to abscond from the Philippines;

(b) When the criminal action is based on a claim for money or
property embezzled or fraudulently misapplied or converted to the
use of the accused who is a public officer, officer of a corporation,
attorney, factor, broker, agent or clerk, in the course of his
employment as such, or by any other person in a fiduciary capacity, or
for a willful violation of duty;

(c) When the accused has concealed, removed, or disposed of his
property, or is about to do so; and

(d) When the accused resides outside the Philippines. (2a)


CLASS NOTES BY RACHELLE ANNE GUTIERREZ

ATTY. TRANQUIL SALVADOR

I. Provisional Remedies

Definition: A momentary remedy which cannot stand without

the principal case.


1. Attachment ! To secure property to address civil aspect of the
judgment.
a. Applicable to:
i. Crimes against property only ! BP 22, robbery
or estafa.
ii. Not to crimes against persons ! homicide,
rape, etc.
b. 4 Grounds
i. If the accuse absconds
ii. If the accused misappropriates or embezzles
with abuse of trust
iii. If the accused removes or conceals property
iv. If the accused does not reside in the Philippines
(even if there is no allegation of fraud)
2. Injunction ! To stop or enjoin someone from doing something.
(e.g. estafa ! transfer of money is continuous)
a. Differs from preliminary mandatory injunction.
3. Receivership ! The purpose is to be able to preserve the
subject of the litigation from bing dissipated while the action is
pending.
4. Replevin ! Recovery of personal property
a. Can only be filed anytime before answer.
b. Has no application in criminal cases because there is no
such thing as answer in criminal cases.
5. Support Pendente Lite ! Applicable in instances where as a
result in the commission of the offense, a child is born.