CHAPTER 7 PROVISIONAL REMEDIES Provisional remedies include preliminary attachment, prelimi- nary injunction, receivership, replevin, and support pendente lite. ‘These are applied at the commencement or during the pendency of the action. $197. Preliminary attachment. At the commencement of the action or at any time before entry of judgment, a plaintiff or any proper party may have the property of the adverse party attached as security for the satisfaction of any judgment that may be recovered in the following cases: (a) In an action for the recovery of a specified amount of money or damages, other than moral and exemplary, on a cause of action arising from law, contract, quasi-contract, delict or quasi- delict against a party who is about to depart from the Philippines with intent to defraud his creditors; (b) In an action for money or property embezzled or fraudu- lently misapplied or converted to his own use by a public officer, or an officer of a corporation, or an 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; (©) Inamaction to recover the possession of property unjustly or fraudulently taken, detained or converted, when the property, or any part thereof, has been concealed, removed, or disposed of to prevent its being found or taken by the applicant or an authorized person; (@) In an action against a party who has been guilty of a fraud in contracting the debt or incurring the obligation upon which the action is brought, or in the performance thereof; 351ts0AL. roms PRACTICA, EXERT PH a party who has remaved or eee ag rin cbr tH wth tara te defrued gt property or ret. tore, oF sa party who resides out of the 1 I i tenn may be eve by publication! ~~ achat may be prayed forether wn the complaint ital gy ved 80 ral uae Yee mein CONVEYANCING) FORM NO, 200. Complain! with prayer for aitachment, Caption ——_—" COMPLAINT (Wh Prager for Attachment) PLAINTIFF, by counsel and to this Honorable Court. respeet- fully alleges 1. Plaintiffs of legal age and ix a resident of while defendant iso logal age and isa resident of _ he may be served with summons and other legal processes. 2 Defendant borrowed P1,000,000 from plaintiff and ex- cuted, to evidence the loan a promissory note on _ which reed follows: “For value recived, [hereby promise to pay Pedro Balbastro the amount of P1000,00, payable on ___, with interest Uberwan 1 12% per anum, without any further demand. Should I fail to pay Ue sae od de and wt i fled to enforce thi promissory further = fheter prone to par 35% f the principal amount attorney Rascuted on a“ where (Signed) Jose de In Cruz ‘Or allege cause of action for damages, other than moral exemplary, than and ning from delict. oF quasi-delict sane defendant) ‘See 1 hake 67 Oe cuarnin 2 Py PROVISIONAL, REMEDEES Brera cantina of dalendon in tha otal mess of P1,000,000 8 now overdue but notwithstanding repesied demands, foun oral and written, daferdant failed and refused and continues Uo fail and to refuse to pay said obligation, constraining plaintiff to fle (he nuit and to incur attorney’ fees and expenses of litigation in the mount of 26% of the principal ebligation or P260,000, which should fr tamessed by defendant, as stipulated in the promissory note. 4, Defendant's obligation is valid and genuine and accord wfMicient cause of action existe ngainat his. 6. Defendant is about to depart from the Philippines with intent Wo defraud his creditors, aa shown by his securing a passport, his application for immigrant visa to ___. and selling his prop- erties. 6, ‘Thore is no sufficient security for the claim sought to be recovered from defendant in the instant action, and the amount due fo plaintiff inasmuch aa the wum for which the order of attachment tay be granted above all legal counterclaims, 7, Plaintiff in willing and ready to post « bond executed in {favor to the adverse party in the amount which the Honorable Court may fx in the order granting the writ of attachment, conditioned that the Latter will pay all the costs which may be adjudged to the ‘adverse party and all damages which he may sustain by reason of the attachment, ifthe court shall finally adjudge that the applicant ‘was not entitled thereto. WHEREFORE, plaintiff respectfully prays as follows: a) Defendant be ordered to pay the amount of 1,000,000, with legal interest thereon from the date the complaint is filed, plus P260,000 as atiorney’s fees and expenses of litigation, until the whole obligation ia paid, plus costs; and b) A writ of attachment immediately be issued against the property of defendant, as security for the satisfaction of the judg- ment that may be recovered. Plaintiff further prays for such other reliefs as may be just and ‘equitable in the premises. Place and date inglya Uno, Pons (PRACTICAL EXERCISES IN PLEADING & CONVEYANCING) VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING See Form No. 18 Jurat. Porm No. 13 PORM NO. 303. Motion for iamwance of rit of attac fer action in filed. =e Caption MOTION FOR ISSUANCE OF WRIT OF ATTACHMENT PLAINTIFF, by counsel and Honorable fay CEAINTIP®, by 1 thie ble Court, respect sustain by reason of the at- oot canted can Stal! Sally adjege that Une sont eee dtrecting the sheriff tos that a writ of attachment issus, ‘0 ttach defendant's property an security ft — ronan as ‘the amount of P1,600,000.00 wh aa wction. hich Plaintiff may recover ‘in the in- Pc nd tn Soa ie Na venartexrion Jurat, Form No, 13, Notice of Hearing. Form No, 12 ‘Service of motion, Proof of service, Seo §§ 20, 21, 22, 23; Form Now. 9, 10, and 11, FORM NO. 204. Affidavit in support of ee ‘Pport of application for werit of AFFIDAVIT Cicero Maglabe, of legal age, ater having been duly sworn, deposes and says: 1. He is the plaintiff in Civil Case No, __, RTC, Manila, entitled ” » where it ia pending. 2. The said case is for recovery ofPI,500,000 which defend- ‘nt embezzled and fraudulently converted into bis own benedt and. ‘hich amount he collected for plaintif, asthe latter's agent, ater collecting the same from plaints debtor 3. Plaintiff has good and valid eause of action against de fendant, that the case is one of those mentioned in Section 1 of Rule 87 of the Rules of Court, that there is no other suficent security for the claim sought to be enforced by the actin, and that the amount due to the applicant, is as much as the sum for which the order may ‘be granted above all legal counterclaims. 4. Plaintiff in willing and ready to post « oad executed to ‘he adverse party inthe amount which Ube Honorable Court may tix in the order granting the writ of attachment, conditioned that the latter will pay all the oosts which may be adjudged tothe adverse Party and all damages which be may sustain by reason of the