recievership - Sec. 1. Appointment of receiver.

Upon a verified application , one or more

receivers of the property subject of the actin or proceeding may be appointed by the court
where the action is pending, or by the Court of Appeals or by the Supreme Court, or a member
thereof, in the following cases:
(a) When it appears from the verified application, and such other proof as the court may
require, that the party applying for the appointment of a receiver has an interest in the property
or fund which is the subject of the action or proceeding, and that such property or fund is in
danger of being lost, removed, or materially injured unless a receiver be appointed to
administer and preserve it;
(b) When it appears in an action by the mortgagee for the foreclosure of a mortgage that
the property is in danger of being wasted or dissipated or materially injured, and that its value is
probable 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
returned unsatisfied or the judgment obligor refuses to apply his property in satisfaction of the
judgment, or otherwise to carry the judgment into effect;
(d) Whenever in other cases it appears that the appointment of a receiver is the most
convenient and feasible means of preserving, administering, or disposing of the property in
litigation.
During the pendency of an appeal, the appellate court may allow an application for the
appointment of a receiver to be filed in and decided by the court of origin and the receiver
appointed to be subject to the control of said court.

Commodities Storage v. Court of Appeals

G.R. No. 125008
A petition for receivership requires that the property or fund which is the subject of the action
must be in danger of loss, removal or material injury which necessitates protection or
preservation. In the instant case, there is no sufficient showing that the ice plant is in danger of
disappearing or being wated and reduced to a scrap heap. At the time the trial court issued
the order for receivership of the property, the problem had been remedied and there was no
imminent danger of any leakage.
Neither party to a litigation should be appointed as receiver without the consent of the other
because a receiver should be a person indifferent to the parties and should be impartial and
disinterested. The receiver is not the representative of any of the parties but of all of them to
the end that their interests may be equally protected with the least possible inconvenience and
expense.

Sec. 2. Bond on appointment of receiver. Before issuing the order appointing a receiver the
court shall require the applicant to file a bond executed to the party against whom the
application is presented, in an amount to be fixed by the court, to the effect that the applicant
will pay such party all damages he may sustain by reason of the appointment of such receiver in
case the applicant shall have procured such appointment without sufficient cause; and the court
may, I its discretion, at any time after the appointment, require an additional bond as further
security for such damages.

Sec. 3. Denial of application or discharge of receiver. The application may be denied, or the
receiver discharged, when the adverse party files a bond executed to the applicant, in an
amount to be fixed b the court, to the effect that such party will pay the applicant all damages
he may suffer by reason of the acts, omissions, or other matters specified in the application as
ground for such appointment. The receiver may also be discharged if it is shown that his
appointment was obtained without sufficient cause.

Sec. 4. Oath and bond of receiver. Before entering upon his duties, the receiver shall be sworn
to perform them faithfully, and shall file a bond, executed to such person and in such sum as the
court may direct, to the effect that he will faithfully discharge his duties in the action or
proceeding and obey the orders of the court.

Sec. 5. Service of copies of bonds; effect of disapproval of same. The person filing a bond in
accordance with the provisions of this Rule shall forthwith serve a copy thereof on each
interested party, who may except to its sufficiency or of the surety or sureties thereon. If either
the applicants of the receivers bond is found to be insufficient in amount, or if the surety or
sureties thereon fail to justify, and a bond sufficient in amount with sufficient sureties approved
after justification is not filed forthwith, the application shall be denied or the receiver
discharged, as the case may be. If the bond of the adverse party is found to be insufficient in
amount or the surety or sureties thereon fail to justify, and a bond sufficient in amount with
sufficient sureties approved after justification is not filed forthwith, the receiver shall be
appointed and re-appointed, as the case may be.

Sec. 6. General powers of receiver. Subject to the control of the court in which the action or
proceeding is pending, a receiver shall have the power to bring and defend, in such capacity,
actions in his own name; to take and keep possession of the property in controversy; to receive
rents; o collect debts due to himself as receiver or to the fund, property, estate, person, or
corporation of which he is the receiver; to compound and compromise the same; to make
transfers; to pay outstanding debts; to divide the money and other property that shall remain
among the persons legally entitled to receive the same; and generally to do such acts respecting

the property as the court may authorize. However, funds in the hands of a receiver may be
invested only by order of the court upon the written consent of all the parties to the action.
No action may be filed by or against a receiver without leave of the court which
appointed him.

Sec. 7. Liability for refusal or neglect to deliver property to receiver. A person who refuses or
neglects, upon reasonable demand, to deliver to the receiver all the property, money, books,
deeds, notes, bills, documents and papers within his power of control subject of or involved in
the action or proceeding, or in case of disagreement, as determined and ordered by the court,
may be punished for contempt and shall be liable to the receiver for the money or the value of
the property and other things so refused or neglected to be surrendered, together with all
damages that may have been sustained by the party or parties entitled thereto as a
consequence of such refusal or neglect.

Sec. 8. Termination of receivership; compensation of receiver. Whenever the court, motu

propio or on motion of either party, shall determine that the necessity for a receiver n longer
exists, it shall, after due notice to all interested parties and hearing, 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 thereceiver 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 of Rule 57.
rule 60
Sec. 1. Application A party praying for the recovery of possession of personal property may, at
the commencement of the action or at any time before answer, apply for an order for the
delivery of such property to him, in the manner hereinafter provided.

Sec. 2. Affidavit and bond. The applicant must show by his own affidavit or that of some other
person who personally knows the facts:
(a) That the applicant is the owner of the property claimed, particularly describing it, or is
entitled to the possession thereof;

(b) That the property is wrongfully detained by the adverse party, alleging the cause of
detention thereof according to the best of his knowledge, information, and belief;
(c) That the property has not been distrained or taken for a tax assessment or a fine
pursuant to law, or seized under a writ of execution or preliminary attachment, or otherwise
placed under custodia legis, or if so seized, that it is exempt from such seizure or custody; and
(d) The actual market value of the property.
The applicant must also give a bond, 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 adjudged, and for the payment to the adverse party of such sum
as he may recover from the application in the action.

Sec. 3. Order. Upon the filing of such affidavit and approval of the bond, the court shall issue
an order and the corresponding 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 a copy thereof on
the adverse party, together with a copy of the application, affidavit and bond, and must
forthwith take the property, if it be in the possession of the adverse party, or his agent, and
retain it in his custody. If the property or any part thereof be concealed in a building or
enclosure, the sheriff must demand its delivery, and if it be not delivered, he must cause the
building or enclosure to be broken open and take the property as herein provided, he must
keep it in a secure place and shall be responsible for its delivery to the party entitled thereto
upon receiving his fees and necessary expenses for taking and keeping the same.

Sec. 5. Return of property. If the adverse party objects of the sufficiency of the applicants
bond, or of the surety or sureties thereon, he cannot immediately require the return of the
property, but if he does not so object, he may, at any time before the delivery of the property to
the applicant, require the return thereof, by filing with the court where the action is pending a
bond executed to the applicant, in double the value of the property as stated in the applicants
affidavit for the delivery thereof to the applicant, if such delivery be adjudged, and for the
payment of such sum to him as may be recovered against the adverse party, and by serving a
copy of such bond on the applicant.

Sec. 6. Disposition of property by sheriff. If within five (5) days after taking the property by the
sheriff, the adverse party does not object to the sufficiency of the bond, or the surety or sureties
thereon; or if the adverse party so objects and the court affirms its approval of the applicants
bond or approves a new bond, or if the adverse party requires the return of the property but his

bond is objected to and found insufficient and he does not forthwith file an approved bond, the
property shall be delivered to the applicant. If for any reason the property is not delivered to the
applicant, the sheriff must return it to the adverse party.

Sec. 7. Proceedings where property claimed by third person. If the property taken is claimed
by any third person other than the party against whom the writ of replevin had been issued or
his agent, and such person makes an affidavit of his title thereto, or right to the possession
thereof, stating the grounds therefor, and serves such affidavit upon the sheriff while the latter
has possession of the property and a copy thereof upon the applicant, the sheriff shall not be
bound to keep the property under replevin or deliver it to the applicant unless the applicant or
his agent, on demand of said sheriff shall file a bond approved by the court to indemnify the
third-party claimant in a sum not less than the value of the property under replevin as provided
in section 2 hereof. In case of disagreement as to such value, the court shall determine the
same. No claim for damages for the taking or keeping of the property may be enforced against
the bond unless the action therefor is filed within one hundred twenty (120) days from the date
of the filing of the bond.
The sheriff shall not be liable for damages, for the taking or keeping of such property, to
any such third-party claimant if such bond shall be filed. Nothing herein contained shall prevent
such claimant or any third person from vindicating his claim to the property, or prevent the
applicant from claiming damages against a third-party claimant who filed a frivolous or plainly
spurious claim, in the same or a separate action.
When the writ of replevin is issued in favor of the Republic of the Philippines, or any
officer duly representing it, the filing of such bond shall not be required, and in case the sheriff is
sued for damages as a result of the replevin, he shall be represented by the Solicitor General,
and if held liable therefor, the actual damages adjudged by the court shall be paid by the
National Treasurer out of the funds to be appropriated for the purpose.

Sec. 8. Return of papers. The sheriff must file the order, with his proceedings indorsed
thereon, with the court within ten (10) days after taking the property mentioned therein.

Sec. 9. Judgment. After trial of the issues, the court shall determine who has the right to the
possession to and the value of the property and shall render judgment in the alternative for the
delivery thereof to the party entitled to the same, or for its value in case delivery cannot be
made, and also for such damages as either party may prove, with costs.

Sec. 10. 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 as prescribed in section 20 of Rule 57.

pendente lite
Sec. 1. Application. At the commencement of the proper action or proceeding, or at any time
prior to the judgment or final order, a verified application of support pendente 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.
What is support pendente lite?
It is a provisional remedy which grants a person entitled to support an amount enough for his
sustenance, dwelling, clothing, medical attendance, education and transportation (Art. 194,
Family Code) while the action is pending in court. It may be availed of by any of the parties in
the action for support or in a proceeding where one of the reliefs sought is support for the
applicant. The capacity of the person who will provide the support and the needs of the one
entitled to be supported are taken into consideration in setting the amount of support to be
granted.
Support pendente lite can be availed of at the commencement of the action or at any time
before the judgment or final order is rendered in the action or proceeding.
The one claiming for support must establish before the court the relationship between the
parties as to entitle one to receive support from the other.

The following are obliged to support each other:

1. The spouses;
2. Legitimate ascendants and descendants;
3. Parents and their legitimate children and the legitimate and illegitimate children of the latter;
4. Parents and their illegitimate children and the legitimate and illegitimate children of the
latter; and
5. Legitimate brothers and sisters, whether of the full or half-blood. ( Art. 195, Family Code)
Sec. 2. Comment. A copy of the application and all supporting documents shall be served upon
the adverse party, who shall have five (5) days to comment thereon unless a different period is
fixed by the court upon his motion. The comment shall be verified and shall be accompanied by
affidavits, depositions or other authentic documents in support thereof.
The application for support pendente lite is responded to not by an answer but by a verified
comment accompanied by affidavits, depositions or other authentic documents in support of
the facts set forth in the comment.

Sec. 3. Hearing. After the comment is filed, or after the expiration of the period for its filing,
the application shall be set for hearing not more than three (3) days thereafter. The facts in
issue shall be proved in the same manner as is provided for evidence on motions.
Hearing on the application is mandatory. It shall be held not later than three (3) days from the
receipt of the comment or from the expiration of the period to file the same.
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. If the
application is granted, the court shall fix the amount of money to be provisionally paid or such
other forms of support as should be provided, taking into account the necessities of the
applicant and the resources or means of the adverse party, and the terms of payment or mode
for providing the support, If the application is denied, the principal case shall be tried and
decided as early as possible.
Ramos v. Court of Appeals
45 SCRA
Held: Where the trial court ruled that the claim of filiation and support has been adequately
proven, alimony pendente lite can be validly granted pending appeal of such decision.
Trial courts refusal to grant support pendente lite does not deprive the appellate court the
authority to grant the same especially so where, in view of the poverty of the child, it would be a
travesty of justice to refuse him support until the decision of the judge is sustained on appeal.
Reyes v. Ines-Luciano
81 SCRA
Facts:
Held: Where petitioner failed to present evidence on the alleged adultery of his wife when the
action for legal separation is heard on the merits, the grant of support pendente lite is valid.
Adultery is a good defense and if properly proved and sustained will defeat the action. However,
the alleged adultery of the wife must be established by competent evidence. Mere allegation
would not suffice to bar her from receiving support pendente lite.
In determining the amount to be awarded as support pendente lite it is not necessary to go fully
into the merits of the case, it being sufficient that the court ascertain the kind and amount of
evidence which it may deem sufficient to enable it to justly resolve the application, one way or
the other, in view of the merely provisional character of the resolution to be entered. Mere
affidavits may satisfy the court to pass upon the application for support pendente lite. It is
enough that the facts be established by affidavits or other documentary evidence appearing in
the record.

Sec. 5. Enforcement of order. If the adverse party fails to comply with an order granting
support pendente lite, the court shall, motu propio or upon motion, issue an order of execution
against him, without prejudice to his liability for contempt.
When the person ordered to give support pendente lite refuses or fails to do so, any third
person who furnished that support to the applicant may, after due notice and hearing in the
same case, obtain a writ of execution to enforce his right of reimbursement against the person
ordered to provide 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, reserved or instituted prior to its filing, the accused may be ordered to provide support
pendente lite to the child born to the offended party allegedly because of the crime. The
application therefor may be filed successively by the offended party, her parents, grandparents
or guardian and the State in accordance with the procedure established under this Rule.

Sec. 7. Restitution. When the judgment or final order of the court finds that the person who
has been providing support pendente lite is not liable therefor, it shall order the recipient
thereof to return to the former the amounts already paid with legal interest from the dates of
actual payment, without prejudice to the right of the recipient to obtain reimbursement in a
separate action from the person legally obliged to give support. Should the recipient fail to
reimburse said amounts, the person who provided the same may likewise seek reimbursement
thereof in a separate action from the person legally obliged to give such support.