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RULE 127 PROVISIONAL REMEDIES IN CRIMINAL CASES

Provisional remedies may be availed of in c. When accused has concealed,


connection with the civil action. removed, or disposed of his
property, or is about to do so
The civil action must be one arising from the d. When accused resides outside the
offense charged and which is instituted in the Philippines
said criminal action.
No notice to the adverse party, or hearing on
Provisional remedies available: the application is required before a writ of
1. Preliminary attachment preliminary attachment may issue (can be
2. Preliminary injunction issued ex parte).
3. Receivership
4. Replevin
5. Support pendente lite The only requisites for issuance of a writ of
preliminary attachment are:
Accused, during trial, may prove not only his
defense but also the damages he may have Affidavit
sustained arising from the issuance of a Bond of applicant
provisional remedy in the case.
The trial court has unlimited power to issue
When it is available: the writ upon commencement of the action
When the civil action is properly even before it acquires jurisdiction over the
instituted in the criminal action person of the defendant BUT enforcement
In the following cases: thereof can only be validly done after it shall
a. When accused is about to abscond have acquired jurisdiction.
from the Philippines WRIT OF ATTACHMENT
b. When criminal action is based on a
claim for money or property Can be issued ex=parte
embezzled or fraudulently Cannot be implemented if trial court
misapplied or converted to the use has not acquired jurisdiction over the
of the accused who is a public person of the defendant (arrested/
officer, officer of a corporation, surrendered voluntarily to the court)
attorney, factor, broker, agent or
When accused resides outside the Philippines:
clerk, in the course of his
employment as such, or by any Notwithstanding the fact that he is still
other person in a fiduciary at-large abroad, writ of attachment
capacity, or for a willful violation of may be issued and implemented to
duty prevent alienation of his property
o Accused can execute necessary
*No need to show that accused has
contract before the appropriate
concealed/ removed/ disposed property.
Philippine Consulate
Instead, show:
OR
That the criminal case is founded upon o A lien/ encumbrance in the title
a claim that money or property was of the property may be
embezzled, fraudulently misapplied or annotated to prevent any
converted to the use of the accused, disposition
AND
Who may apply for preliminary attachment:
That accused occupies any of the
positions mentioned OR that he Aggrieved party
committed a willful violation of duty Prosecutor

*Court has no authority to issue motu proprio


writs of preliminary attachment if it does, it
acts in excess of jurisdiction, remediable by
certiorari