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PROVISIONAL REMEDIES

Preliminary Attachment Preliminary Receivership Replevin Support Pendente Lite


Injunction/Preliminary
Mandatory Injunction
Purpose To have property of adverse To require a party or a court, agency To place the property subject of an action or To compel adverse party to provide
party attached as security for the or a person to refrain from doing a proceeding under the control of a third party To recover possession of personal support while action is pending in
satisfaction of judgment that may particular act or acts or to require the for its preservation and administration litis property court
be recovered in cases falling performance of a particular act or pendentia
under Sec 1, Rule 57. acts.
When At the commencement of the At any stage prior to the judgment At any time prior to satisfaction of judgment At the commencement of the At the commencement of the
applied/granted action or at any time prior to the or final order action but before answer is filed action or at any time prior to the
entry of judgment judgment or final order
File verified application and File verified application; bond not
applicant’s bond; if application is File verified application and applicant’s bond; required
How applied for included in the initiatory pleading, application may also be included in initiatory
File affidavits and applicant’s the adverse party should be served pleading in actions for foreclosure of mortgage File affidavits and applicant’s
bond with summons together with a copy bond
of the initiatory pleading and the
applicant’s bond
Court where action is pending, Only the Court where the action is Court where action is pending, the CA or the
the CA or the SC even if action pending; Lower Court, Ca or SC SC even if action is pending in the lower
Who may grant is pending in the lower court. provided action is pending in the court. Appellate court may allow application Only in the court where action is Court of origin and appellate court.
same court which issues the for receivership be decided by the court of pending (See Ramos v. CA)
injunction. origin.
Requisites for • Sufficient cause of action • Applicant is entitled to the • Applicant has interest in the property or • Applicant is the owner of the • Affidavits, depositions or
granting • Case is covered by section relief demanded fund subject matter of the action or property claimed or is other documents should
application 1 Rule 57 • Act/s complained of would proceeding entitled to the possession of show, at least provisionally,
• No other sufficient security work injustice to the applicant • Property or fund is in danger of being the same that the applicant is entitled to
for the claim exists if not enjoined lost removed or materially injured • Property is wrongfully receive support
• Amount due to applicant or • Acts sought to be enjoined • Appointment of receiver is the most detained by the adverse party
value of property he is probably violates applicants convenient and feasible means of • Property is not distrained or
entitled to recover is equal rights respecting the subject of preserving, administering or disposing of taken for a tax assessment or
to the sum for which the the action or proceeding the property in litigation a fine pursuant to law
order of attachment is
granted
Where property is When third-party claimant makes When third-party claimant makes
claimed by third an affidavit of his title to the an affidavit of his title to the
person property or his right to the property or his right to the
possession thereof, and serves possession thereof, and serves
such affidavit to the sheriff and a such affidavit to the sheriff and a
copy thereof to the attaching copy thereof to the attaching party,
party, the sheriff shall not be the sheriff shall not be bound to
bound to keep the property keep the property under replevin
unless the attaching party files a unless the applicant files a bond
bond approved by the court to approved by the court to
indemnify the third-party indemnify the third-party claimant
claimant in a sum not less than in a sum not less than double the
the value of the property levied value of the property levied upon.
upon. Claim for damages for the Claim for damages for the taking
taking or keeping the property or keeping the property must be
must be filed within 120 days filed within 120 days from filing
from filing of the bond. of the bond.
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Preliminary Attachment Preliminary Receivership Replevin Support Pendente Lite
Injunction/Preliminary
Mandatory Injunction
Bond executed to the adverse party
in double the value of the
Bond requirement Bond executed to the adverse party in the amount fixed by the court to cover the costs which may be adjudged to the property for the return of the
adverse party and all damages which he may sustain by reason of the granting of provisional remedy prayed for, if the court property to the adverse party if No bond required
shall finally adjudge that the applicant was not entitled thereto such return be adjudged, and for
the payment to the adverse party of
such sum as he may recover from
the applicant of the action
By counter-bond: Party against whom the provisional remedy is availed of, may move for the discharge of the provisional remedy granted by filing a counter-
bond in an amount equal to that fixed by the court or equal to the value of the property if with respect to a particular property to secure the payment of any
judgment that the adverse party may recover in the action

Not applicable.

Discharge of
remedy

Filing of counter-bond made only


upon showing that the issuance or
continuance thereof would cause
Cash deposit may be made in irreparable damage to the party or Amount of counter-bond should
lieu of the counter-bond person enjoined while the applicant also be double the value of the
can be fully compensated for such property
damages as he may suffer ; counter-
bond alone will not suffice to
discharge the injunction.
Other grounds: improper or
irregular issuance or enforcement Insufficiency of the application Appointment was obtained without sufficient
or insufficiency of the bond cause

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Preliminary Attachment Preliminary Receivership Replevin Support Pendente Lite
Injunction/Preliminary
Mandatory Injunction
Damages in case When judgment or final order finds
applicant for any the person who has been providing
of the provisional support pendente lite not liable
remedies not • Owner of property attached must file before trial or before perfection of appeal application for damages therefor:
entitled thereto or • Party who availed of provisional remedy and his surety or sureties must be notified , showing right to damages and amount thereof
for any • Damages awarded only after proper hearing; included in judgment of the main case • Court shall order the
irregularity in the recipient to return the
procurement of If judgment of appellate court is favorable to the party against whom provisional remedy was effected: amounts already received
provisional with interest from the dates of
remedy • Application must be filed with the appellate court before the judgment of the appellate court becomes executory actual payment
• Appellate court may allow application to be heard and decided by the trial court • Recipient may obtain
reimbursement from the
If bond or deposit given by the party availing of the provisional remedy be insufficient or fail to satisfy the award: person legally obliged to give
support (separate action must
• Adverse party may recover damages in the same action be filed for the purpose)
• If recipient fails to reimburse
the amount, person who
provided the same may seek
reimbursement from the
person legally obliged to give
the support (separate action
must be filed for the purpose)