Provisional Remedies: Rita Linda Ventura - Jimeno

PROVISIONAL REMEDIES
Rita Linda Ventura - Jimeno
DEFINITION
A provisional remedy is a collateral proceeding, permitted only in

connection with a regular action, and as one of its incidents, which provides
for a present need, or for the occasion, i.e, one adapted to meet a particular
exigency.1
NATURE OF PROVISIONAL REMEDIES
a. Interim
Remedies which parties may resort to for the preservation or

protection of rights or interest during the pendency of an action.2
b. Ancillary
Remedies which are mere incidents in, and are dependent upon, the
result of the main action.3
c. Provisional
Remedies which constitute temporary measures availed of during

the pendency of the action.4
DIFFERENT PROVISIONAL REMEDIES
I. Under the 1997 Revised Rules of Court:
A. In Civil Cases
1. Attachment (Rule 57)
1
Silangan Textile Manufacturing Corporation, et al. v. Demetria, G.R. No. 166719, March 12,
2007, 518 SCRA 160, citing Feria Noche, Civil Procedure Annotated (2001 Ed.), p. 261.
2
Cootauco v. Court of Appeals, G.R. No. 56565, June 16, 1988, 162 SCRA 122.
3
Silangan Textile Manufacturing Corporation, et al. v. Demetria, supra note 1, citing Regalado,
Remedial Law Compendium, Vol. 1 (7th Ed.), p. 606.
4
Buyco v. Baraquia, G.R. No. 177486, December 21, 2009, 608 SCRA 699, citing Regalado,
Remedial Law Compendium, Vol. 1 (7th Ed.), p. 606.
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2. Preliminary Injunction and Temporary Restraining Order (Rule 58)
3. Receivership (Rule 59)
4. Replevin or delivery of private property (Rule 60)
5. Support Pendente Lite (Rule 61)
B. In Criminal Cases (Rule 127)
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 action5
II. Under Special Laws
A. Temporary Protection Order under the Anti Violence Against Women and
their Children Act (Republic Act No. 9262)
B. Provisional Remedies under the Human Security Act of 1997 (Rep. Act
No. 9372)
1. Inspection, Examination of Accounts and Freeze Order
2. Seizure and Sequestration of Accounts and Assets
3. Restriction of Travel
C. Protective Order under the Anti-Child Pornography Act of 2009 (Rep. Act
No. 9775)
D. Freeze Order under the Anti-Money Laundering Act of 2001 (Rep. Act No.
9194) as Amended by Rep. Act No. 9160
E. Protection Orders for victims and witnesses under the Philippine Act on
Crimes Against International Humanitarian Law, Genocide, and Other
Crimes Against Humanity (Rep. Act No. 9851)
5
REVISED RULES OF CRIMINAL PROCEDURE, Rule 127, Sec. 1.
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III. Under other Supreme Court Issuances
A. Provisional Remedies under the Rule on the Writ of Amparo (A.M. No. 07-
9-12-SC)
1. Temporary Protection Order
2. Inspection Order
3. Production Order
4. Witness Protection Order
B. Provisional Remedies under the Rule on Corporate Rehabilitation (A.M.

No. 00-8-10 SC)
1. Stay Order
2. Receivership
C. Provisional Remedies under the Rule on Provisional Orders (A.M. No. 02-
11-12-SC)
1. Spousal Support
2. Child Support
3. Child Custody
4. Visitation Rights
5. Hold Departure Order
6. Order of Protection
7. Administration of Common Property
D. Provisional Remedies under the Rule on Involuntary Commitment of

Children (A.M. 02-1-19)
1. Guardian Ad Litem of a Child
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2. Temporary Custody of a Child
E. Provisional remedies under the Rules of Procedure for Environmental

Cases (A.M. 09-6-8-SC)6
F. Hold Departure Order in Criminal Cases
COMMON REQUIREMENTS
1. Affidavits of merit are required to support the issuance of these remedies,

except in receivership.
2. Generally, a bond to answer for damages by reason of the improvident

issuance of the writ is required.
Exempted from the bond requirement:
a. temporary restraining order,7
b. support pendente lite,8
c. inspection of accounts, freeze order and restriction of travel under

the Human Security Act9 and the Anti-Money Laundering Act,10 as
amended,
d. inspection and production orders under the Rule on the Writ of

Amparo,11
e. seizure and sequestration of accounts and assets under the Human

Security Act,12
f. hold departure order,13
g. temporary protection order under the Anti Violence Against Women

and their Children Act,14
6
For a full discussion on the Rules of Procedure for Environmental Cases, see Section on
Environmental Law.
7
RULES OF COURT, Rule 58.
8
Id., Rule 61.
9
Rep. Act No. 9372 [2007].
10
Rep. Act No. 9194 [2003].
11
AM 02-11-12-2003-03-15.
12
Rep. Act No. 9372, Sec. 39.
13
Circular 39-97.
14
Rep. Act No. 9262 [2004].
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h. environmental protection order (EPO) and temporary environmental

protection order (TEPO) under the Rules of Procedure for
environmental cases.15
GUIDELINES ON HOW TO FIX BONDS
All applications for bail/judicial bonds, before their approval by the judge
concerned, shall be coursed thru the Clerk of Court or his duly authorized
personnel, who shall see to it that the bond is in order. In accepting a surety
bond, the Clerk of Court should see to it that all the requisites are complied with,
otherwise, the bond should be rejected. Every bond shall be accompanied by a
clearance from the Supreme Court showing that the company concerned is
qualified to transact business which is valid only for thirty (30) days from the date
of its issuance.16
Concededly, the duty rests with the Clerk of Court to ascertain that the
bond is in order and all the requisites are complied with. Nevertheless, the judge
is also bound to review the documents before approving the same.17
WHEN DAMAGES MAY BE RECOVERED FROM THE BOND
• The recovery of damages from the bond on account of improper,

irregular or excessive attachment is governed by Rule 57, Section 20.18
When to file. The application for recovery must be filed with the trial
court before appeal is perfected. Or, it may also be filed before the
judgment becomes executory, with due notice to the attaching party
and his surety or sureties, setting forth the facts showing his right to
damages and the amount thereof.19
Where to file. Damages. The claim for damages should be

presented in the same action which gave rise to the special
proceeding in order that it may be included in the final judgment of
the case. Generally, it cannot be the subject of a separate action.20
Exception - Where the principal action is dismissed for lack

of jurisdiction over the subject matter and the court is
15
A.M. 09-6-8-SC.
16
Judicial Audit and Physical Inventory of Confiscated Cash, Surety and Property Bonds at the
Regional Trial Court of Tarlac City, Branches 63, 64 and 65, (OCA-IPI No. 04-7-358-RTC), July
22, 2005.
17
Id.
18
RULES OF COURT, Rule 58, Sec. 8; Rule 59, Sec. 9; Rule 60, Sec.10.
19
Id., Rule 57, Sec. 20.
20
Cruz v. Manila Surety & Fidelity Co., Inc., et al., G.R. No. 5268, 92 Phil. 699 (1953).
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prevented from rendering any judgment thereon which could

include the claim for damages. Such claim will then have to
be filed in a separate action.21
21
Santos v. Court of Appeals, et al., 95 Phil. 360 (1954).
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SPECIFIC CHARACTERISTICS OF PROVISIONAL REMEDIES
I. Under the 1997 Revised Rules of Court
A. Attachment
1. Definition
A writ of preliminary attachment is a provisional remedy issued

upon the commencement of a trial, or any time before entry of judgment, 22
where an action is pending, ordering the levy of the property or properties
of the defendant therein, the same to be held thereafter by the sheriff as
security for the satisfaction of whatever judgment might be secured in said
action by the attaching creditor against the defendant.23
2. Purpose
2.1. To secure the satisfaction of any judgment that may be

recovered24 in payment of the pecuniary obligation contracted by a
person or believed to have been contracted by him, either by virtue of
a civil obligation emanating from contract or from law, or by virtue of
some crime or misdemeanor that he might have committed.
2.2. To secure a contingent lien on defendant’s property until plaintiff

can, by appropriate proceedings, obtain a judgment and have such
property applied to its satisfaction, or to make some provision for
unsecured debts in cases where the means of satisfaction thereof are
liable to be removed beyond the jurisdiction, or improperly disposed of,
or concealed, or otherwise placed beyond the reach of creditors.25
2.3. To enable the court to acquire jurisdiction over the action by the
actual or constructive seizure of the property in those instances where
personal service of summons on the creditor cannot be effected.26
3. How implemented
The writ issued is executed by a sheriff attaching and safely

keeping the movable property of the defendant, or by annotating upon
22
Mangila v. Court of Appeals, G.R. No. 125027, August 12, 2002, 387 SCRA 162.
23
Torres, et al. v. Satsatin, et al., G.R. No. 166759, November 25, 2009, 605 SCRA 453, citing
Cuartero v. Court of Appeals, G.R. No. 102448, August 5, 1992, 212 SCRA 260.
24
RULES OF COURT, Rule 57, Sec. 1.
25
Spouses Salgado v. Court of Appeals, G.R. No. 55381, March 26, 1984, 128 SCRA 395.
26
Quasha Asperilla Ancheta Valmonte Peña & Marcos v. Juan, et al., G.R. No. 49140, November
19, 1982, 118 SCRA 505.
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the record of the Register of Deeds a copy of the order with a notice
and a description of the property attached, to an extent as may be
sufficient to satisfy the plaintiff’s demands.27
4. Nature and Scope: Attachment purely statutory
Attachment, as a provisional remedy, is purely a statutory one. It

does not exist unless expressly granted by the statute. It is, therefore,
not available except in those cases where the statute expressly
permits.28 For this purpose, the party seeking an attachment must
show that a sufficient cause of action exists and that the amount due
him is as much as the sum for which the order of attachment is
sought.29
5. Strict compliance with the rule
The rule on the issuance of a writ of attachment must be

construed strictly against the applicant and in favor of the defendant. If
all the requisites for the issuance of the writ are not present, the court
which issues it acts in excess of jurisdiction.30 It should be issued only
on concrete and specific grounds.31 An order of attachment cannot be
issued on a general averment, such as one ceremoniously quoting
from a pertinent rule. Thus, a petitioner cannot merely cite Section 1(b)
and (d), Rule 57, of the Revised Rules of Court, as mere reproduction
of the rules, without more, cannot serve as good ground for issuing a
writ of attachment. To sustain an attachment under Section 1(d), Rule
57 of the Rules of Court, it must be shown that the debtor, in
contracting the debt or incurring the obligation, intended to defraud the
creditor. In this case, there were no factual allegations as to how the
fraud alleged by petitioner was committed. Again, it lacks particulars
upon which the court can discern whether or not a writ
of attachment should issue.32
27
Gruenberg v. Court of Appeals, G.R. No. 45948, September 10, 1985, 138 SCRA 471;
Guzman v. Catolica, 65 Phil. 257 (1937).
28
U.S. v. Namit, 38 Phil. 926 (1918). The word “statutory” included the RULES OF COURT at the
time of the promulgation of this case.
29
General v. De Venecia, 78 Phil. 780 (1947).
30
Gruenberg v. Court of Appeals, supra note 27.
31
Dy v. Enage, G.R. No. 35351, March 17, 1976, 70 SCRA 96.
32
Philippine Bank of Communications v. Court of Appeals and Filipinas Textile Mills Inc., G.R.
No. 119723, February 23, 2001, 352 SCRA 616; Philippine Bank of Communications v. Court of
Appeals and Bernardo Villanueva, G.R. No. 115678, February 23, 2001, 352 SCRA 616.
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Rationale behind rule:
A preliminary attachment is a rigorous remedy which exposes

the debtor to humiliation and annoyance, such that it should not be
abused to cause unnecessary prejudice. It is, therefore, the duty of the
court, before issuing the writ, to ensure that all the requisites of the law
have been complied with. Otherwise, the judge acts in excess of his
jurisdiction and the writ so issued shall be null and void.33
6. Attachment to acquire jurisdiction over the res
Attachment is intended to confer jurisdiction by the court over

the res. When real property of a non-resident defendant located in the
Philippines is attached to answer for the claim of the plaintiff, the court
acquires jurisdiction over the res and, in that event, the jurisdiction over
the person of said defendant is not essential.34
When the case instituted is an action in rem or quasi in rem,

Philippine courts have jurisdiction to hear and decide the case
because, in actions in rem and quasi in rem, jurisdiction over the
person of the defendant is not a prerequisite to confer jurisdiction on
the court, provided that the court acquires jurisdiction over the res.
Thus, in such instance, extraterritorial service of summons can

be made upon the defendant. The said extraterritorial service of
summons is not for the purpose of vesting the court with jurisdiction,
but for complying with the requirements of fair play or due process, so
that the defendant will be informed of the pendency of the action
against him and the possibility that property in the Philippines
belonging to him or in which he has an interest may be subjected to a
judgment in favor of the plaintiff, and he can thereby take steps to
protect his interest, if he is so minded.
On the other hand, when the defendant or respondent does not

reside and is not found in the Philippines, and the action involved is in
personam, Philippine courts cannot try any case against him because
of the impossibility of acquiring jurisdiction over his person, unless he
voluntarily appears in court.35
33
Sievert v. Court of Appeals, G.R. No. 84034 December 22, 1988, 168 SCRA 692; Spouses
Salgado v. Court of Appeals, supra note 25; Salas v. Adil, G.R. No. 46009, May 14, 1979, 90
SCRA 121.
34
Mabanag v. Gallemore, 81 Phil. 254 (1948).
35
Perkin Elmer Singapore PTE Ltd. v. Dakila Trading Corporation, G.R. No. 172242, August 14,
2007, 530 SCRA 170.
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7. Stages in the issuance of the writ
7.1 . The court issues the order granting the application;
7.2 . The writ of attachment issues pursuant to the order granting the
the application; and
7.3 . The writ is implemented.
For the initial two stages, it is not necessary that jurisdiction

over the person of the defendant is obtained. However, once the
implementation commences, it is required that the court must have
acquired jurisdiction over the defendant because without such
jurisdiction, the court has no power and authority to act in any manner
against the defendant. Any order issuing from the court will not bind
the defendant.36
8. Procedure
8.1 . When writ of preliminary attachment may issue37
a. In an action for recovery of a specified amount of money or

damages against a party who is about to depart from the
Philippines and with intent to defraud creditors;38
However, where the plaintiff merely stated that the defendant

(Kenneth O. Glass) was a foreigner but there was no showing,
much less an allegation, that the defendant was about to depart
from the Philippines with intent to defraud his creditor, or that he
was a non-resident alien, the attachment of properties was not
justified.39
b. In an action involving embezzled or fraudulently misapplied

or converted money or property;40
c. In an action to recover possession of fraudulently taken

property;41
36
Torres, et al. v. Satsatin, et al., supra note 23; Mangila v. Court of Appeals, supra note 22,
citing Cuartero v. Court of Appeals, G.R. No. 102448, August 5, 1992, 212 SCRA 260.
37
38
Id., Sec.1 (a).
39
K.O. Glass Construction Co. Inc. v. Valenzuela, G.R. No. 48756 September 11, 1982, 116
SCRA 568.
40
RULES OF COURT, Rule 57, Sec 1 (b).
41
Id., Sec. 1 (c).
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d. In an action involving fraud in contracting the debt or

incurring or performing an obligation;42
The fraud in contracting debt or incurring the obligation must

relate to the execution of the agreement and must have been the
reason which induced the other party into giving consent, which
he would not have otherwise given. To constitute a ground for
attachment under Section 1(d), Rule 57 of the Rules of Court,
fraud should be committed upon contracting the obligation sued
upon. A debt is fraudulently contracted if, at the time of
contracting it, the debtor had a preconceived plan or intention not
to pay, as it was in this case.43
e. In an action against a party who has, or is about to remove

or dispose of his property, to defraud creditors;44 or
f. In an action against a non-resident defendant who is not

found in the Philippines.45
8.2. Order of attachment
• How issued. An order of attachment may be issued either ex

parte, or upon motion with notice and hearing.46
• By whom issued. An order of attachment may be issued by the

court in which the action is pending, or by the Court of Appeals or
the Supreme Court.47
The trial court may issue a writ of attachment even though

appeal had been perfected. The trial court may even issue orders
for the protection and preservation of the rights of the parties which
do not involve any matter litigated by the appeal.48
• Contents. The order shall require the sheriff to attach property in

the Philippines of the party against whom it is issued, not exempt
from execution, as may be sufficient to satisfy the applicant's
42
Id., Sec. 1 (d).
43
Metro Inc., et al. v. Lara’s Gifts and Decors, Inc., G.R. No. 171741, November 27, 2009, 606
SCRA 175, citing Liberty Insurance Corporation v. Court of Appeals, G.R. No. 104405, 13 May
1993, 222 SCRA 37.
44
RULES OF COURT, Rule 57, Sec. 1 (e).
45
Id., Sec. 1 (f).
46
Id., Sec 2.
47
Id.
48
Uy, et al. v. Court of Appeals, G.R. No. 95550, November 23, 1992, 215 SCRA 859.
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demand, unless such party makes a deposit or gives a bond in an

amount fixed in the order.49
All properties exempt from execution are also exempt from

attachment.50
• Multiple writs, allowed. Several writs may be issued at the same

time to the sheriffs of the courts of different judicial regions.51
8.3 . Applicant’s affidavit:
• Contents of affidavit52
a. sufficient cause of action;
b. the case is one of those mentioned in Rule 57, Section 1;
c. there is no sufficient security for the claim sought to be

enforced by the action;
d. the amount due to the applicant is as much as the sum for

which the order is granted above all legal counterclaims.
• Determination of sufficiency, discretionary. Whether or not the

affidavit sufficiently established facts therein stated is a question to
be determined by the court in the exercise of its sound discretion.
The mere filing of an affidavit reciting the facts required by the
above provision is not sufficient to compel the judge to grant the
writ. It all depends upon the amount of credit given it by the judge,
who may accept or reject it in the exercise of his discretion.53
• The application is fatally defective when the affidavit fails to

show that there is no other sufficient security for the claim sought to
be enforced by the action, and that the said amount due to the
plaintiff above all legal set-offs or counterclaim is as much as the
sum for which the order is sought.54
49
Supra note 47.
50
RULES OF COURT, Rule 57, Secs. 2 and 5.
51
Id., Sec. 2.
52
Id., Sec. 3.
53
La Granja Inc. v. Samson, 58 Phil. 378 (1933).
54
Guzman v. Catolica, supra note 27; Jardine Manila Finance, Inc. v. Court of Appeals, G.R. No.
55272, April 10, 1989, 171 SCRA 636; K.O. Glass Construction Co., Inc. v. Valenzuela, supra
note 39.
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8.4. Applicant’s bond55
• Conditions. The applicant shall give a bond executed to the

adverse party in the amount fixed by the court, conditioned that the
applicant will pay:
a. all costs which may be adjudged to the adverse party; and
b. all damages which the adverse party may sustain by reason

of the attachment, if the court shall finally adjudge that the
applicant was not entitled thereto.
8.5 . Manner of attaching property
• What may be attached.56 The sheriff enforcing the writ shall

attach only so much of the property in the Philippines of the
adverse party not exempt from execution as may be sufficient to
satisfy the applicant’s demand.
• Prior or contemporaneous service of summons. The levy on

property pursuant to the writ thus issued may not be validly effected
unless preceded, or contemporaneously accompanied, by service
on the defendant of:
a. Summons
b. copy of the complaint (and of the appointment of guardian ad

litem, if any)
c. application for attachment (if not incorporated in, but

submitted separately, from the complaint)
d. plaintiff's affidavit and attachment bond
e. the order and writ of attachment.57
o Rationale behind rule. It is indispensable, not only for the

acquisition of jurisdiction over the person of the defendant,
but also upon consideration of fairness, to apprise the
defendant of the complaint against him and the issuance of a
writ of preliminary attachment and the grounds therefor that
55
56
Id., Sec. 5.
57
Id.; Davao Light & Power Co., Inc. v. Court of Appeals, G.R. No. 93262, November 29, 1991,
204 SCRA 343.
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prior to, or contemporaneously with, the serving of the writ of

attachment, defendant is served the summons, a copy of the
complaint, the application for attachment, the applicant’s
affidavit and bond, and the order.58
o Exceptions to the rule:59
a. when summons could not be served personally or

by substituted service despite diligent efforts, or
b. when defendant is a resident of the Philippines but

temporarily absent therefrom, or
c. when defendant is a non-resident, or
d. when action is in rem or quasi in rem.
As earlier discussed, when the case instituted is an

action in rem or quasi in rem, courts have jurisdiction to hear
and decide the case because, in actions in rem and quasi in
rem, jurisdiction over the person of the defendant is not a
prerequisite to confer jurisdiction on the court, as long as the
court acquires jurisdiction over the res.60
• Attachment of real and personal property.61 Real and personal

property shall be attached by the sheriff executing the writ in the
following manner:
A. Real property –
1. by filing with the registry of deeds a copy of the order,

property description, and a notice that it is attached;
2. by leaving a copy of such order, description, and notice

with the occupant of the property, if any, or his agent if found
within the province.
B. Personal property capable of manual delivery - by taking and

safely keeping it in the sheriff’s custody;
58
Torres, et al. v. Satsatin, et al., supra note 23.
59
60
Perkin Elmer Singapore PTE Ltd. v. Dakila Trading Corporation, supra note 35.
61
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C. Stocks or shares - by leaving with the resident or managing

agent thereof, a copy of the writ, and a notice that the stock or
interest is attached in pursuance of such writ;
D. Debts and credits and other personal property not capable of

manual delivery – by garnishment, which is a species of
attachment or execution for reaching any property pertaining to
a judgment debtor which may be found owing to such debtor by
a third person. It cites some stranger to the litigation who is
debtor to one of the parties to the action. Such debtor-stranger
becomes a forced intervenor, and the court, having acquired
jurisdiction over his person by means of citation, requires him to
pay his debt, not to his former creditor, but to the new creditor,
who is the creditor in the main case. It is merely a case of
involuntary novation by the substitution of one creditor for
another;62
E. Interest in property belonging to the estate of the decedent -

by serving the executor, administrator or other representative of
the decedent with a copy of the writ and notice that said interest
is attached, filing the same in the estate settlement court and
serving the same upon the heir, legatee or devisee.
• Attachment of property in custodia legis.63 If the property sought

to be attached is in custodia legis, a copy of the writ of attachment
shall be filed with the proper court or quasi-judicial agency, and
notice of the attachment served upon the custodian of such
property.
8.6. Sheriff’s return.64 After enforcing the writ, the sheriff must likewise,
without delay, make a return thereon to the court which issued the writ,
with a full statement of his proceedings under the writ and a complete
inventory of the property attached, together with any counter-bond
given by the party against whom attachment is issued, if any, and
serve copies thereof on the applicant.
8.7. Effects of attachment
• Attachment of debts, credits and all other similar personal

property65 – A debtor stranger becomes a forced intervenor, and
62
Solidum v. Court of Appeals, et al., G.R. No. 161647, June 22, 2006, 492 SCRA 261.
63
64
Id., Sec. 6.
65
Id., Sec. 8.
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the court, having acquired jurisdiction over his person by means of

citation, requires him to pay his debt, not to his former creditor, but
to the new creditor, who is the creditor in the main litigation.66
o Service of summons upon the garnishee is not

necessary. All that is necessary is the service upon him of
the writ of garnishment, as a consequence of which he
becomes a virtual party or a forced intervenor in the case.67
• Attachment of interest in property belonging to the estate of a

decedent68 - The attachment of the interest of an heir, legatee, or
devisee in the property belonging to the estate of a decedent shall
not impair the power of the executor, administrator, or
representative of the decedent over such property for the purpose
of administration. Such personal representative, however, shall
report the attachment to the court when any petition for distribution
is filed. But the property attached shall be ordered delivered to the
sheriff making the levy, subject to the claim of such heir, legatee, or
devisee, or any person claiming under him.
8.8 . Sale of attached property, after levy on attachment and before

entry of judgment, when proper.
A. when the property attached is perishable, or
B. when the interests of all the parties to the action will be served
by the sale thereof.69
8.9. Discharge of attachment
• After a writ of attachment has been enforced, the party whose

property has been attached, or the person appearing on his behalf,
may move for the discharge of the attachment, wholly or in part, on
the security given.70
66
Solidum v. Court of Appeals, supra note 62.
67
Perla Compania de Seguros v. Ramolete, et al., G.R. No. 60887, November 13, 1991, 203
SCRA 487.
68
69
Id., Sec. 11.
70
Id., Sec. 12.
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• Grounds for discharge of writ:
A. Debtor has posted a counter-bond or has made the requisite

cash deposit;71
B. Attachment was improperly or irregularly issued72 as where

there is no ground for attachment,73 or affidavit and/or bond filed
therefor are defective or insufficient;74
C. Attachment is excessive but the discharge shall be limited to the

excess;75
D. Property attached is exempt from execution;76
E. Judgment is rendered against the attaching creditor.77
9. Jurisprudence:
9.1. Attachment proceedings is an action quasi in rem. As such,

jurisdiction over the person of the (non-resident) defendant is not
essential. Service of summons on a non-resident defendant who is not
found in the country is required, not for purposes of physically
acquiring jurisdiction over his person but simply in pursuance of the
requirements of fair play.78 Where a lien already exists, e.g., a maritime
lien, the same is equivalent to an attachment,79 such as that under a
real estate mortgage.
9.2. When the ground relied upon in asking for preliminary attachment
is impending fraudulent removal, concealment and disposition of
defendant’s property under paragraphs (d) and (e) of Section 1, Rule
57, the court should conduct a hearing to gather facts regarding the
allegations of fraud.80
9.3. If a property has been levied upon by virtue of a writ of preliminary

attachment, it becomes one under custodia legis and a subsequent
extrajudicial foreclosure of said property by a third-party mortgagee
71
Id.
72
Id., Sec. 13.
73
Id., Sec. 1.
74
Id., Sec. 3.
75
Id., Sec. 13.
76
Id., Secs. 2 and 5.
77
Id., Sec. 19.
78
Biaco v. Philippine Country Side Rural Bank, G.R. No. 161417, February 8, 2007, 515 SCRA
106, citing Banco Español-Filipino v. Palanca, 37 Phil. 92 (1918).
79
Quasha v. Juan, supra note 26.
80
Adlawan v. Torres, G.R. Nos. 65957-58, July 5, 1994, 233 SCRA 645.
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does not affect the lien created by the attachment. 81 Attachment is a

proceeding in rem which, in effect means that the property attached is
an indebted thing and a virtual condemnation of it to pay the owner’s
debt.82
9.4. A foreign corporation duly licensed to do business in the

Philippines is not a non-resident within the meaning of Section 1(f),
Rule 57. Hence, its property here may not be attached on the sole
ground that it is a nonresident.83
9.5. Insolvency of the defendant debtor is not a ground for the

issuance of a writ of preliminary attachment.84
9.6. Garnishment does not lie against the funds of the regular
departments or offices of the government, but funds of public
corporations are not exempt from garnishment.85
9.7. It is doctrinal that a levy on attachment, duly registered, has

preference over a prior unregistered sale, and even if the prior
unregistered sale is subsequently registered before the sale on
execution, but after the levy is made, the validity of the execution sale
should be upheld because it retroacts to the date of the levy on
attachment.86 Thus, because of the principle of constructive notice to
the whole world, one who deals with registered property, which is the
subject of an annotated levy on attachment, cannot invoke the rights of
a purchaser in good faith. 87
B. Preliminary Injunction
1. Definition
A preliminary injunction is an order granted by the court where the

action or proceeding is pending, at any stage prior to judgment, requiring a
party or a court, agency or a person to refrain from doing a particular act
or acts. It may also require the performance of a particular act or acts, in
which case, it shall be known as a preliminary mandatory injunction. 88
81
Consolidated Bank and Trust Corporation v. Intermediate Appellate Court, G.R. No. 73976,
May 29, 1987, 150 SCRA 591.
82
Biñan Steel Corporation v. Court of Appeals, G.R. No.142013, October 15, 2002, 391 SCRA
90.
83
Claude Neon Lights, Fed., Inc. v. Philippine Advertising Corporation, 57 Phil. 607 (1932).
84
Aboitiz and Co., Inc. v. Provincial Sheriff, G.R. No. 35990, June 17, 1981, 105 SCRA 88.
85
Philippine National Bank v. Pabalan, G.R. No. 33112, June 15, 1978, 83 SCRA 595.
86
Biñan Steel Corporation v. Court of Appeals, supra note 82.
87
Id.
88
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2. Nature
2.1. Ancillary and Provisional - A preliminary injunction is a mere

adjunct, an ancillary remedy which exists only as an incident of the
main proceeding.89 A preliminary injunction, as the term itself suggests,
is merely temporary, subject to the final disposition of the principal
action.90 An independent action merely to obtain preliminary injunction
is not allowed. Some substantive relief must be sought in the principal
action.91
2.2. Preservative - It is a preservative remedy to ensure the protection

of a party’s substantive rights or interests pending the final judgment in
the principal action. A plea for an injunctive writ lies upon the existence
of a claimed emergency or extraordinary situation which should be
avoided for, otherwise, the outcome of a litigation would be useless as
far as the party applying for the writ is concerned.92
2.3. Issuance must be exercised with great caution – Judges are

enjoined to observe utmost caution, prudence and judiciousness in the
issuance of temporary restraining order and in the grant of writs of
preliminary injunction to avoid any suspicion that its issuance or grant
was for consideration other than the strict merits of the case.93
• Rationale: There is no power, the exercise of which is more

delicate and requires greater caution, deliberation, and sound
discretion, or (which is) more dangerous in a doubtful case than the
issuing of an injunction. It is the strong arm of equity that never
ought to be extended unless in cases of great injury, where courts
of law cannot afford an adequate or commensurate remedy in
damages.94
89
Mirasol, et al. v. Department of Public Works and Highways and Toll Regulatory Board, G.R.
No. 158793, June 8, 2006, 490 SCRA 318, citing Urbanes, Jr. v. Court of Appeals, G.R. No.
117964, 28 March 2001, 355 SCRA 537.
90
Transfield Philippines, Inc. v. Luzon Hydro Corporation et al., G.R. No. 146717, November 22,
2004, 443 SCRA 307.
91
Bengzon v. Court of Appeals, G.R. No. 82568, May 31, 1988, 161 SCRA 745; Cootauco v.
Court of Appeals, G.R. No. 56565 June 16, 1988, 162 SCRA 122.
92
Hernandez, et al. v. National Power Corporation, G.R. No. 145328, March 23, 2006, 485 SCRA
166.
93
Administrative Circular No. 7-99.
94
28 Am. Jur.201, IV-A Vicente J. Francisco, THE REVISED RULES OF COURT OF THE PHILIPPINES
[1971], quoted in University of the Philippines v. Catungal, Jr., G.R. No. 121863, May 5, 1997,
272 SCRA 221, 236.
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3. Kinds 95
3.1. Preliminary prohibitory injunction which commands a party to

refrain from doing a particular act; and
3.2. Preliminary mandatory injunction which commands the

performance of some positive act to correct a wrong in the past.
4. Purpose
Generally, the sole object of a preliminary injunction, whether

prohibitory or mandatory, is to preserve the status quo until the merits of
the case can be heard.96
• Status Quo - is the last, actual, peaceable, uncontested status

(LAPUS) that preceded the pending controversy.97
More specifically, the purpose of a preliminary prohibitory injunction

is not to correct a wrong of the past, in the sense of injury already
sustained, but to prevent further injury,98 while the purpose of a
preliminary mandatory injunction is to reestablish and maintain a
preexisting continuing relation between the parties, recently and arbitrarily
interrupted by the defendant, than to establish a new relation.99
5. Preliminary prohibitory injunction
5.1. Essential requisites for issuance100
a. the applicant must have a clear and unmistakable right, that

is, a right in esse;
b. there is a material and substantial invasion of such right;
c. there is an urgent need for the writ to prevent irreparable

injury to the applicant; and
95
Levi Strauss & Co. v. Clinton Apparel, Inc., G.R. No. 138900, September 20, 2005, 470 SCRA
236, 252.
96
Unciano Paramedical College, Inc., et al. v. Court of Appeals, et al., G.R. No. 100335, April 7,
1993, 221 SCRA 285.
97
Yujuico, et al. v. Quiambao, et al., G.R. No. 168639, January 29, 2007, 513 SCRA 243, citing
Searth Commodities Corp. v. Court of Appeals, G.R. No. 64220, March 31, 1992, 207 SCRA 622.
98
First Global Realty and Development Corporation v. San Agustin, G.R. No.144499, February
19, 2002, 377 SCRA 341.
99
Unciano Paramedical College, Inc., et al. v. Court of Appeals, et al., supra note 96.
100
Marquez, et al. v. Sanchez, et al., G.R. No. 141849, February 13, 2007, 515 SCRA 577.
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d. no other ordinary, speedy, and adequate remedy exists to

prevent the infliction of irreparable injury.
5.2. Instances where preliminary prohibitory injunction lies
a. in petitions for relief from judgment entered through fraud,

accident, mistake or excusable negligence.101
b. in petitions for certiorari, prohibition and mandamus.102
c. to restrain continued breach of a valid negative obligation.103
d. to restrain a spouse from alienating or encumbering conjugal

property during the pendency of legal separation or
annulment proceedings.104
e. to enjoin repeated trespass on land.105
f. to restrain a city from proceeding with the abatement of a

nuisance “per accidens” before it has been judicially
declared to be such.106
g. to restrain voting of disputed shares of stock.107
h. to restrain a sheriff from selling property on execution not

belonging to the judgment debtor.108
5.3. Instances where preliminary prohibitory injunction does not lie
• When preliminary prohibitory injunction is prohibited under

statute
a. In labor cases
101
102
Id., Rule 65, as amended by A.M. No. 07-7-12-SC.
103
Ollendorf v. Abrahamson, 38 Phil. 585 (1918).
104
De La Viña v. Villareal, 41 Phil. 13, 14 (1920).
105
Rodulfa v. Alfonso, 76 Phil. 225, 231 (1946).
106
Iloilo Ice and Cold Storage Co. v. Municipal Council of Iloilo, 24 Phil. 471 (1913).
107
Madrigal v. Rodas, 80 Phil. 252, 255 (1948).
108
Codesal & Ocampo v. Ascue, 38 Phil. 902 (1918).
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i. Under Article 255 of the Labor Code of the Philippines,

as amended by Section 4 of Batas Pambansa Blg. 227,
no temporary or permanent injunction in cases growing
out of labor disputes shall be issued by a court or other
entity, except by the following:109
• The National Labor Relations Commission, which

shall have the power and authority to enjoin or
restrain any actual or threatened commission of any
or all prohibited or unlawful acts in any labor dispute
which may cause grave or irreparable damage to any
party, provided that said injunction shall be issued
only after due notice and hearing.110
• The Secretary of Labor and Employment, who shall

assume jurisdiction over or decide a labor dispute
which in his opinion is likely to cause strikes or
lockouts adversely affecting the national interest, or
he may certify the same to the commission for
compulsory arbitration. Such assumption or
certification shall have the effect of automatically
enjoining the intended or impending strike or
lockout.111
b. Injunctions to restrain the collection of tax under Rep. Act

No. 8424.112
• General Rule. No court may grant an injunction to

restrain the collection of any national internal revenue
tax, fee or charge imposed by the National Internal
Revenue Code of 1997.113
• Exception. Where some special circumstances are

shown to exist, as in irreparable injury.114
109
Associated Labor Union (ALU-TUCP) v. Borromeo, G.R. No. 75736, September 29, 1988, 166
SCRA 99.
110
LABOR CODE OF THE PHILIPPINES, Art. 218, as amended by Batas Pambansa Blg. 227 [1982],
Sec. 3.
111
Id., Art. 264.
112
Tax Reform Act of 1997, An Act Amending The National Internal Revenue Code, as Amended,
and for other purposes.
113
Id., Sec. 218.
114
Sarasola v. Trinidad, 40 Phil. 252 (1919); David v. Ramos, 90 Phil. 351 (1951).
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c. Injunctions to prevent the implementation of national

government infrastructure projects under Rep. Act No.
8975.115
• General Rule: The issuance of temporary restraining

orders, preliminary injunctions, or preliminary
mandatory injunctions against national government
infrastructure projects is prohibited under this law.116
• No court, except the Supreme Court, shall issue any

TRO or preliminary injunction or preliminary
mandatory injunction against the government, or any
of its subdivisions or officials, whether public or
private, acting under the government direction to
restrain, prohibit or compel the following acts:
a. Acquisition, clearance and development of the
right-of-way and/or site or location of any national
government project;
b. Bidding or awarding of contract/ project of the
national government;
c. Commencement, prosecution, execution,
implementation, operation of any such contract or
project;
d. Termination or rescission of any such
contract/project; and
e. The undertaking or authorization of any other
lawful activity necessary for such
contract/project.117
• Exception: This prohibition shall not apply when the

matter is of extreme urgency involving a constitutional
issue, such that unless a temporary restraining order
is issued, grave injustice and irreparable injury will
arise. The applicant shall file a bond, in an amount to
be fixed by the court, which shall accrue in favor of
the government if the court should finally decide that
the applicant was not entitled to the relief sought.118
115
An Act to Ensure the Expeditious Implementation and Completion of Government
Infrastructure Projects by Prohibiting Lower Courts from Issuing Temporary Restraining Orders,
Preliminary Injunctions or Preliminary Mandatory Injunctions, Providing Penalties for Violations
thereof, and for Other Purposes, enacted November 7, 2000.
116
Id., Sec. 3.
117
Id.
118
Id.
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d. Injunctions to prevent the foreclosure of real estate

mortgages by government financing institutions under Pres.
Decree No. 385.119
• The law prohibits the issuance of any restraining

order, temporary or permanent injunction against any
government financing institution in any action taken
by such institution in connection with the mandatory
foreclosure where arrears amount to at least 20% of
the total outstanding obligations, including interest
and other charges as appearing in the book of
accounts and/or related records of the financial
institutions concerned.120
• Courts are directed to exercise utmost caution and

judiciousness in the issuance of Temporary
Restraining Orders or Preliminary injunctions in the
foreclosure of real estate mortgages by government
financial institutions.121
• Inapplicability. Presidential Decree No. 385 cannot,

however, be applied in the following instances:
a. Where the extent of the loan actually received by

the borrower is still to be determined.122
b. Where properties involved are already foreclosed.

The prohibition found in Pres. Decree No. 385 against
the issuance of injunctions by lower courts, unless
certain conditions are met, applies only to foreclosure
proceedings initiated by government financing
institutions, like the Development Bank of the
Philippines.123
119
Requiring Government Financial Institutions to Foreclose Mandatorily All Loans with
Arrearages, Including Interest and Charges Amounting to at Least Twenty (20%) Percent of the
Total Outstanding Obligation; OCA Circular No. 93-2004, in relation to RULES OF COURT, Rule
141, Sec. 21; Pres. Decree No. 385 [1974], Sec. 3; and Administrative Circular No. 07-99.
120
Sec. 2, in relation to Pres. Decree No. 385, Sec. 1; Filipinas Marble Corporation v.
Intermediate Appellate Court, G.R. No. 68010, May 30, 1986, 142 SCRA 180.
121
OCA Circular No. 93-2004, in relation to RULES OF COURT, Rule 141, Sec. 21; Pres. Decree
No. 385, Sec. 3; and Administrative Circular 07-99.
122
Filipinas Marble Corporation v. Intermediate Appellate Court, supra note 120; Government
Service Insurance System v. Court of Appeals, G.R. No. 42278, January 20, 1989, 169 SCRA
244.
123
Searth Commodities Corporation v. Court of Appeals, supra note 97; Republic of the
Philippines v. Court of Appeals, G.R. No. 107943, February 3, 2000, 324 SCRA 569.
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e. Injunctions to prevent the Anti Money Laundering Council

from issuing and/or implementing freeze orders under Rep.
Act 9160,124 as amended by Rep. Act No. 9194.125
• No court, except the Court of Appeals or the Supreme

Court, shall issue a temporary restraining order or writ
of injunction against any freeze order of accounts
issued by the AMLC where there has been a
determination of probable cause that the subject
account is dubious in character.126
f. Injunctions to restrain the Presidential Agrarian Reform

Council, Department of Agrarian Reform, the Department of
Agriculture, the Department of Environment and Natural
Resources and the Department of Justice under Rep. Act
No. 6657,127 as amended by Rep. Act No. 9700.128
• Except for the Supreme Court, no court in the

Philippines shall have jurisdiction to issue any
restraining order or writ of preliminary injunction
against the PARC, the DAR, or any of its duly
authorized or designated agencies in any case,
dispute or controversy arising from, necessary to, or
in connection with the application, implementation,
enforcement, or interpretation of such Act and other
pertinent laws on agrarian reform.129
• No injunction, restraining order, prohibition or

mandamus shall be issued by the regional trial courts,
municipal trial courts, municipal circuit trial courts, and
metropolitan trial courts against the DAR, the DA, the
DENR, and the Department of Justice in their
implementation of the agrarian reform program.130
124
Anti-Money Laundering Act of 2001, enacted September 29, 2001.
125
An Act Amending Rep. Act No. 9160 [2001], otherwise known as the "Anti-Money Laundering
Act Of 2001," enacted March 7, 2003.
126
Id., Sec. 10.
127
An Act Instituting a Comprehensive Agrarian Reform Program to Promote Social Justice and
Industrialization, Providing the Mechanism for its Implementation, and for other Purposes,
enacted June 10, 1988.
128
An Act Strengthening the Comprehensive Agrarian Reform Program (CARP), Extending the
Acquisition and Distribution of All Agricultural Lands, Instituting Necessary Reforms, Amending
for the Purpose Certain Provisions of Rep. Act No. 6657, Otherwise Known as the
Comprehensive Agrarian Reform Law of 1988, as amended, and Appropriating Funds therefor,
enacted August 7, 2009.
129
Rep. Act No. 9700 [2009], Sec. 20, amending Rep. Act No. 6657 [1988], Sec. 55.
130
Id., Sec. 23.
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g. Injunction against the Asset Privatization Trust (APT) under

Proc. No. 50,131 as amended by Proc. No. 50-A.132
• No injunction. — No court or administrative agency

shall issue any restraining order or injunction against
the Trust in connection with the acquisition, sale or
disposition of assets transferred to it pursuant to this
Proclamation. Nor shall such order or injunction be
issued against any purchaser of assets sold by the
Trust to prevent such purchaser from taking
possession of any asset purchased by him. 133
• Note: The term of the Asset Privatization trust ended

on December 31, 2000. However, its powers and
functions are now undertaken by the Privatization and
Management Office under the Department of
Finance.134
h. Injunctions against public administrative officers in the

issuance of public grants for the exploitation of natural
resources under Pres. Decree No. 605.135
• No court of the Philippines shall have jurisdiction to

issue any of the following:
- restraining order;
- preliminary injunction; or
- preliminary mandatory injunction
in any case involving or growing out of:

- the issuance;
- approval or disapproval;
- revocation or suspension of; or
- any action whatsoever
131
Proclaiming and Launching a Program for the Expeditious Disposition and Privatization of
Certain Government Corporations and/or the Assets thereof, and Creating the Committee on
Privatization and the Asset Privatization Trust.
132
Proc. No. 50-A, Sec. 31-A; Mantruste System v. Court of Appeals, G.R. Nos. 86540-41,
November 6, 1989, 179 SCRA 136.
133
Proc. No. 50-A, Sec. 31.
134
See Executive Order No. 323, Art. III [2000], cited in Jose Feria and Maria Concepcion Noche,
CIVIL PROCEDURE ANNOTATED, 2001 ed., p. 345.
135
Banning the Issuance by Courts of Preliminary Injunctions in Cases Involving Concessions,
Licenses, and other Permits Issued by Public Administrative Officials or Bodies for the
Exploitation of Natural Resources, enacted December 12, 1974.
C-26
committed by the proper administrative official or body

involving any of the following:
- concessions,
- licenses,
- permits,
- patents, or
- public grants of any kind
which are related to the:

- disposition,
- exploitation,
- utilization,
- exploration, and/or
- development of the natural resources of the
Philippines.136
• Exception: The prohibition does not apply in a case

where the complaint does not put in issue the
legitimacy of the defendant’s claim of being holders of
mining lease contracts, but asserts that defendants
had rights.137
• Where Preliminary Prohibitory Injunction Was Held Improper
a. To restrain the sale of conjugal properties where the claim

can be annotated on the title as a lien, such as the
husband’s obligation to give support.138
b. To restrain a mayor proclaimed as duly elected from

assuming his office.139
c. To restrain consummated or ministerial acts.140
i. not proper to restrain the disposition of a case on the

merits.141
136
Id., Sec. 1.
137
D.C. Crystal, Inc. v. Laya, G.R. No. 53597, February 28, 1989, 170 SCRA 734.
138
Saavedra v. Estrada, 56 Phil. 33 (1931).
139
Cereno v. Dictado, G.R. No. 81550, April 15, 1988, 160 SCRA 759.
140
Philippine National Bank v. Adil, G.R. No. 52853, November 2, 1982, 118 SCRA 110.
141
Government Service Insurance System (GSIS) v. Florendo, G.R. NO. 48603, September 29,
1989, 178 SCRA 76; Ortigas and Company Limited Partnership v. Court of Appeals, G.R. No.
79128, June 16, 1988, 162 SCRA 165.
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ii. not proper to stop the execution of judgment where the

judgment was already executed.142
iii. not proper for the regional trial court to issue a writ of
injunction against the Register of Deeds if its effect is to
render nugatory a writ of execution issued by the
National Labor Relations Commission.143
iv. Where the act sought to be prevented had already been

committed. An injunction suit becomes moot and
academic after the act sought to be enjoined has already
been committed or consummated.144
d. Where an action for damages would adequately compensate

the injuries caused. The very foundation of the jurisdiction to
issue the writ of injunction rests on: (1) the possibility of
irreparable injury, (2) the inadequacy of pecuniary
compensation, and (3) the prevention of multiplicity of suits.
Where facts are not shown to bring the case within these
conditions, the relief of injunction should be refused.145
e. When it is issued against courts or tribunals of co-equal

rank.
i. a court may not interfere by injunction with the judgments

or orders of another court or quasi-judicial agency of
coordinate and concurrent jurisdiction.146
ii. no writ may be issued by the Regional Trial Court against

quasi-judicial bodies of equal rank, such as the Social
Security Commission, Government Service Insurance
Commission, Securities and Exchange Commission,147
Intellectual Property Office, Commission on Elections,
Workmen’s Compensation Commission and others.148
142
Meneses v. Dinglasan, 81 Phil. 470 (1948).
143
Ambrosio v. Salvador, G.R. No. 47651, December 11, 1978, 87 SCRA 217.
144
Ramos, Sr. v. Court of Appeals, G.R. Nos. 80908-09, May 24, 1989, 173 SCRA 550; Rivera v.
Florendo, No. 57586, October 8, 1986, 144 SCRA 658; Romulo v. Yñiguez, G.R. No. 71908,
February 4, 1986, 141 SCRA 263; Philippine National Bank v. Adil, supra note 140; Philippine
Commercial and Industrial Bank v. National Mines and Allied Workers Union (NAMAWU-MIF),
G.R. No. 50407, August 19, 1982, 115 SCRA 873.
145
Golding v. Balatbat, et al, 36 Phil. 941 (1917).
146
Roldan, Jr. v. Arca, G.R. No. 25434, July 25, 1975, 65 SCRA 336; Abiera v. Court of Appeals,
G.R. No. 26294, May 31, 1972, 45 SCRA 314.
147
Philippine Pacific Fishing Co., Inc. v. Luna, G.R. No. 59070, March 15, 1982, 112 SCRA 604.
148
Nocnoc v. Vera, G.R. No. 37737, February 27, 1979, 88 SCRA 529.
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f. To prevent the implementation or execution of contracts for

the operation of a public utility.149
g. When the act sought to be enjoined has already been

committed.150
h. Where the injunction is not prayed for in the complaint.

Courts should not issue orders or injunctions beyond those
prayed for in the complaint.151
i. To restrain criminal prosecutions,152 except in the following

cases:153
i. For the orderly administration of justice;
ii. To prevent the use of the strong arm of the law in an

oppressive and vindictive manner;
iii. To avoid multiplicity of actions;
iv. To afford adequate protection of constitutional rights;
v. Where the statute relied upon is unconstitutional or was

held invalid;154
vi. Where the constitutionality of the Chinese Book Keeping

Law was questioned;155
vii. Where the hearing of the libel case was enjoined by

permanent injunction after the Supreme Court, in a
separate case, found the communication alleged to be
libelous as privileged and not libelous;156
viii. Where a traffic ordinance was found to be invalid;157
149
G&S Transport Corporation v. Court of Appeals, G.R. No. 120287, May 28, 2002, 382 SCRA
262.
150
Philippine National Bank v. Adil, supra note 140; Ramos, Sr. v. Court of Appeals, G.R. Nos.
80908-09, May 24, 1989, 173 SCRA 550.
151
The Chief of Staff, AFP v. Guadiz, Jr., G.R. No. 35007, December 29, 1980, 101 SCRA 827.
152
Romero, et al. v. Chief of Staff, AFP. Brig. Gen. Manuel Casaclang, et al., G.R. No. 84076
February 20, 1989, 170 SCRA 408.
153
Brocka v. Enrile, G.R. Nos. 69863-65, December 10, 1990, 192 SCRA 182.
154
Justiniani v. Castillo, G.R. No. 41114, June 21, 1988, 162 SCRA 378.
155
Yu Cong Eng v. Trinidad, 47 Phil. 385 (1925).
156
Ang v. Castro, G.R. No. 66371, May 15, 1985, 136 SCRA 453; Justiniani v. Castillo, supra
note 154.
157
Primicias v. Municipality of Urdaneta, Pangasinan, G.R. No. 26702, October 18, 1979, 93
SCRA 462.
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6. Preliminary Mandatory Injunction
6.1. Requisites
a. Invasion of the right is material and substantial;
b. Right of complainant is clear and unmistakable;
c. Urgent and permanent necessity for the writ to prevent

serious damage.158
6.2. When not allowed
a. to compel one of the spouses to cohabit with, and render

conjugal rights to, the other;159
b. to cancel an attachment;160
c. to transfer the property in litigation from the possession of

one party to another where the legal title is in dispute and
the party having possession asserts ownership thereto.161
This is more particularly applicable where the legal title is in
dispute and the party having possession asserts ownership
in himself.162
d. when the effect would be to create a new relation between

the parties.163
6.3. When allowed
a. In forcible entry cases where the Court may issue a

preliminary mandatory injunction, upon motion within 5 days
from the filing of the complaint, to restore the plaintiff in
possession164 and those involving leases in which the court
may, on appeal, grant similar mandatory injunctive relief.
158
Pelejo v. Court of Appeals, G.R. No. 60800, October 18, 1982, 117 SCRA 666; Rivera v.
Florendo, supra note 144.
159
Arroyo v. Vasquez De-Arroyo, G.R. No. 17014, August 11, 1921.
160
Levy Hermanos, Inc. v. Lacson, et al., G.R. No. 47285, December 16, 1940.
161
Toyota Motors Philippines Corporation v. Court of Appeals, G.R. No. 102881, December 7,
1992, 216 SCRA 236.
162
Gordillo v. Del Rosario, 39 Phil. 829 (1919).
163
Alvaro, et al. v. Zapata, et al., G.R. No. 50548, November 25, 1982, 118 SCRA 722.
164
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The exception applies only to ejectment cases exclusively

cognizable by the municipal trial court.165
b. Property covered by Torrens Title when there is a clear

finding of ownership and possession of the land, unless the
subject property is covered by a Torrens Title pointing to one
of the parties as the undisputed owner.166
7. Procedure for issuance of preliminary injunction
7.1. Grounds
a. applicant is entitled to the relief demanded which consists in

restraining the commission or continuance of the act or acts
complained of, or in requiring the performance of an act or
acts;
b. commission, continuance or non-performance of the acts

complained of during the litigation would probably work
injustice to the applicant; or
c. a party, court, agency or a person is doing, threatening, or is

attempting to do, or is procuring or suffering to be done,
some act or acts probably in violation of the rights of the
applicant respecting the subject of the action or proceeding,
and tending to render the judgment ineffectual.167
7.2. The application for injunction must be verified and must show
facts entitling the applicant to the relief demanded168
7.3. Unless exempted by the court, the applicant must file a bond
executed to the party or person enjoined, in an amount to be fixed by
the court169
165
Ramos v. Court of Appeals, G.R. No. 81354, July 26, 1988, 163 SCRA 583.
166
Government Service Insurance System (GSIS) v. Florendo, supra, note 141; Cagayan de Oro
City Landless Residents Association, Inc. v. Court of Appeals, G.R. No. 106043, March 4, 1996,
254 SCRA 229.
167
168
Id., Sec. 4.
169
Id.
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7.4 Hearing and prior notice to the party/person sought to be

enjoined170
Exceptions to the requirement of hearing
a. Great or irreparable injury would result to the applicant

before the matter can be heard on notice.
i. Thus, the court may issue a TRO effective for 20 days

from service on the party sought to be enjoined.171
ii. Injury is “irreparable” if it is of such constant and

frequent recurrence that no fair or reasonable redress
can be had therefor in a court of law, or where there is
no standard by which their amount can be measured
with reasonable accuracy.172
b. The matter is of extreme urgency and the applicant will

suffer grave injustice and irreparable injury.
i. Judge may issue ex parte a TRO effective for 72

hours from issuance.
ii. Within 72 hours, the judge shall conduct a summary

hearing to determine whether the TRO shall be
extended until the application for preliminary
injunction can be heard.
iii. Maximum period of effectivity of TRO is 20 days.
o If the application for preliminary injunction is

denied or not resolved within the said period,
the TRO is deemed automatically vacated.
o The effectivity of a TRO is not extendible and

no court shall have authority to extend or
renew the same on the same ground for which
it was issued.
170
Id., Sec. 5.
171
Id.
172
Philippine Airlines v. National Labor Relations Commission, G.R. No. 120567 March 20, 1998,
287 SCRA 672.
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o However, if issued by the Court of Appeals or a

member thereof, the TRO shall be effective for
60 days from service on the party or person
sought to be enjoined.
o A TRO issued by the Supreme Court or a

member thereof shall be effective until further
orders.
7.5 When final injunction granted
If after trial of the action, it appears that the applicant is

entitled to have the act or acts complained of permanently enjoined,
the court shall grant a final injunction perpetually restraining the party
or person enjoined from the commission or continuance of the act or
acts complained of, confirming the preliminary mandatory injunction.173
8. Jurisprudence
8.1. A suspension order is equivalent to injunction.174
8.2. Summary denial without adequate hearing improper. In issuing

preliminary injunction, the courts are given sufficient discretion to
determine the necessity of granting the relief prayed for. However,
there is a caveat that extreme caution be observed in the exercise of
such discretion because it affects the respective rights of the parties.
But it is with an equal degree of care and caution that courts

ought to proceed in the denial of the writ. It should not just summarily
issue an order of denial without an adequate hearing and judicious
evaluation of the merits of the application. A perfunctory and
improvident action in this regard would be a denial of procedural due
process and could result in irreparable prejudice to a party.175
8.3. When hearing on the merits unnecessary. If the ground for the
opposition of the issuance of the writ is the insufficiency of the
complaint, the same will be apparent on the face of the complaint itself.
Preliminary injunction in such a circumstance may be refused outright,
with or without notice to the adverse party. In fact, under Section 6 of
Rule 58, the court may also refuse an injunction on other grounds on
173
174
Philippine National Bank v. Adil, supra note 140.
175
Bataclan v. Court of Appeals, G.R. No. 78148, July 3, 1989, 175 SCRA 764.
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the basis of affidavits which may have been submitted by the parties in
connection with such application.
Rule 58, Sec. 7 does not declare that a hearing on the merits is
mandatory or a prerequisite in the granting of the writ. Otherwise, the
courts will be forced to conduct a hearing even if, from a consideration
of the pleadings alone, it can readily be ascertained that the movant is
not entitled to the writ.
It would be different if there is a prima facie showing on the face

of the motion or pleadings that the grant of preliminary injunction may
be proper, in which case, notice to the opposing party would be
necessary since the grant of such writ on an ex parte proceeding is
now proscribed.
If there is a prima facie showing that the preliminary injunction is

proper, a hearing should be conducted, since under such
circumstances, only in cases of extreme urgency will the writ issue
prior to a final hearing. But it does not follow that such a hearing is
indispensable where at the outset the court is reasonably convinced
that the writ will not lie. What was then discouraged and is now
specifically prohibited is the issuance of the writ without notice and
hearing.176
9. Effect when a Higher Court Issues a Writ of Preliminary Injunction

Against a Lower Court, Board or Tribunal in a Petition for Certiorari
under Rule 65:
• The trial court, the Court of Appeals, the Sandiganbayan or the

Court of Tax Appeals that issued a writ of preliminary injunction against
a lower court, board, officer or quasi-judicial agency shall decide the
main case or the petition within six months from the issuance of the
writ.
• Under this provision, higher courts that restrain a lower court from
proceeding with a case by issuing a writ of preliminary injunction must
decide the petition for certiorari within six months in order not to unduly
delay the main case lodged in a lower court.177
176
Valley Trading Co., Inc. v. Court of First Instance, G.R. No. 49529, March 31,1989, 171 SCRA
501.
177
Rule 58, Sec. 5, as amended by A.M. No. 07-7-12-SC, which took effect on December 27,
2007.
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10. Temporary Restraining Order178
10.1. Procedure. When an application for a writ of preliminary

injunction or a temporary restraining order is included in a complaint or
any initiatory pleading, the case, if filed in a multiple-sala court, shall
proceed as follows:
a. Verified application and bond for preliminary injunction or

temporary restraining order;
b. Determination from facts shown by affidavits or by the verified

application that great or irreparable injury would result to the
applicant before the matter can be heard on notice;
c. If the matter is of extreme urgency and the applicant will suffer

grave injustice and irreparable injury, the executive judge of a
multiple-sala court or the presiding judge of a single sala court
may issue ex parte a temporary restraining order effective for
only seventy-two (72) hours from issuance;
d. In either case, even if no TRO had been issued because there

is no extreme urgency, the case shall be raffled only after notice
to, and in the presence of, the adverse party or the person to be
enjoined. In any event, such notice shall be preceded, or
contemporaneously accompanied, by service of summons,
together with a copy of the complaint or initiatory pleading and
the applicant’s affidavit and bond, upon the adverse party in the
Philippines. However, (1) where the summons could not be
served personally or by substituted service despite diligent
efforts, or (2) the adverse party is a resident of the Philippines
temporarily absent therefrom or is a nonresident thereof, the
requirement of prior or contemporaneous service of summons
shall not apply.
e. If no TRO has been issued because there is no extreme

urgency, the application for a temporary restraining order shall
thereafter be acted upon only after all parties are heard in a
summary hearing, which shall be conducted within twenty-four
(24) hours after the sheriff’s return of service and/or the records
are received by the branch selected by raffle and to which the
records shall be transmitted immediately.
178
Id., Secs. 4 and 5.
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f. Within the aforesaid seventy-two (72) hours, the judge before

whom the case is pending shall conduct a summary hearing to
determine whether the temporary restraining order shall be
extended until the application for preliminary injunction can be
heard. In no case shall the total period of effectivity of the
temporary restraining order exceed twenty (20) days, including
the original seventy-two hours provided herein.
g. Determination, within twenty days from service of the TRO on

the party sought to be enjoined, whether a preliminary injunction
shall issue or not.
h. The effectivity of a temporary restraining order is not extendible

without need of any judicial declaration to that effect and no
court shall have authority to extend or renew the same on the
same ground for which it was issued. Another restraining order
may, therefore, be issued provided it is not based on the same
ground.
10.2. Supreme Court guidelines in the issuance of temporary

restraining orders and/or preliminary injunction
a. Judges are enjoined to observe utmost caution, prudence and

judiciousness in issuance of temporary restraining orders and
writs of preliminary injunctions to avoid any suspicion that its
issuance or grant was for consideration other than the strict
merits of the case.179
b. Courts are without jurisdiction to issue injunctive writs against

the implementation or execution of government infrastructure
projects.180
c. The Collector of Customs has exclusive jurisdiction over seizure

and forfeiture proceedings and regular courts cannot interfere
with his exercise thereof or stifle or put it to naught.181
d. Administrative Circular No. 62-2002182 requires trial judges to

submit a report on the status of temporary restraining orders or
179
Administrative Circular No. 07-99, issued June 25, 1999.
180
Id., citing Garcia v. Burgos, G.R. No. 124130 and June 29, 1998, 291 SCRA 546;
Administrative Circular No. 11 – 2000, Re: Ban on the Issuance of Temporary Restraining
Orders or Writs of Preliminary Prohibitory or Mandatory Injunctions In Cases Involving
Government Infrastructure Projects, issued on 13 November 2000.
181
Administrative Circular No. 07-99, citing Mison v. Natividad, G.R. No. 82586, September 11,
1992, 213 SCRA 734.
182
Issued November 20, 2002.
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writs of preliminary injunction issued in various cases. The

circular requires reports to indicate the following:
i. full case caption and docket number;
ii. nature of case;
iii. date of filing of complaint or motion;
iv. date TRO was issued;
v. date the writ of preliminary prohibitory injunction was issued,

if any;
vi. status of the TRO or the writ of the preliminary prohibitory

injunction (whether it is still in force);
vii. actual status of the case;
viii. if the case is already deemed submitted for decision, the

date it was deemed submitted; and
ix. if the case has been pending for more than one year, the
reason therefore.
e. Guidelines on issuing TRO or writ of preliminary injunction in

relation to extrajudicial and judicial foreclosure of real estate
mortgages:
i. No temporary restraining order or writ of preliminary

injunction against the extrajudicial foreclosure of real estate
mortgage shall be issued on the allegation that the loan
secured by the mortgage has been paid or is not delinquent,
unless the application is verified and supported by evidence
of payment;
ii. No temporary restraining order or writ of preliminary

injunction against the extrajudicial foreclosure of real estate
mortgage shall be issued on the allegation that the interest
on the loan is unconscionable, unless the debtor pays the
mortgagee at least 12 percent per annum interest on the
principal obligation as stated in the application for
foreclosure sale, which shall be updated monthly while the
case is pending;
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iii. Where a writ of preliminary injunction has been issued

against a foreclosure of mortgage, the disposition of the
case shall be speedily resolved. To this end, the court
concerned shall submit to the SC, through the Office of the
Court Administrator, quarterly reports on the progress of the
cases involving P10 million and above;
iv. All requirements and restrictions prescribed for the issuance

of a temporary restraining order/writ of preliminary injunction,
such as the posting of a bond, which shall be equal to the
amount of the outstanding debt, and the time limitation for its
effectivity, shall apply as well to a status quo order.183
f. Special rules for temporary restraining orders and preliminary

injunctions.184
i. Where an application for temporary restraining order

(TRO) or writ of preliminary injunction is included in a
complaint or any initiatory pleading filed with the trial
court, such compliant or initiatory pleading shall be raffled
only after notice to the adverse party and in the presence
of such party or counsel.
ii. The application for a TRO shall be acted upon only after
all parties are heard in a summary hearing conducted
within twenty-four (24) hours after the records are
transmitted to the branch selected by raffle. The records
shall be transmitted immediately after raffle.
iii. If the matter is of extreme urgency, such that unless a

TRO is issued, grave injustice and irreparable injury will
arise, the Executive Judge shall issue the TRO effective
only for seventy-two (72) hours from issuance, but shall
immediately summon the parties for conference and
immediately raffle the case in their presence. Thereafter,
before the expiry of the seventy-two (72) hours, the
Presiding Judge to whom the case is assigned shall
conduct a summary hearing to determine whether the
TRO can be extended for another period until a hearing
in the pending application for preliminary injunction can
be conducted. In no case shall the total period of the
TRO exceed twenty (20) days, including the original
seventy-two (72) hours, for the TRO issued by the
Executive Judge.
183
Administrative Matter No. 99-10-05-O, issued February 20, 2007.
184
Administrative Circular No. 20-95, issued September 12, 1995 - Re: Special Rules For
Temporary Restraining Orders and Preliminary Injunctions.
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iv. With the exception of the provisions which necessarily

involve multiple-sala stations, these rules shall apply to
single-sala stations, especially with regard to immediate
notice to all parties of all applications for TRO.
C. Receivership185
1. Definition
Receivership is a legal or equitable proceeding in which a receiver is

appointed for an insolvent corporation, partnership or individual to
preserve its assets for the benefit of the affected parties.186
A receiver is a person appointed by the court on behalf of all the

parties to the action for the purpose of preserving and conserving the
property in litigation and prevent its possible destruction or dissipation, if it
were left in the possession of any of the parties.187 He is not the agent or
representative of either party to the action, but is uniformly regarded as an
officer of the court, exercising his functions in the interest of neither
plaintiff nor defendant, but for the common benefit of all parties in
interest.188
2. Purpose
Receivership is aimed at the preservation of, and making more secure,

existing rights; it cannot be used as an instrument for the destruction of
those rights.189
3. Appointment of a Receiver
3.1 Who may be appointed. The general rule is that neither party to
the litigation should be appointed as a receiver without the consent of
the other, because a receiver is supposed to be an impartial and
185
Receivership under this Rule is different from receivership under the Rules on Corporate
Rehabilitation, the discussion of which is found on page 68 hereof.
186
Black’s Law Dictionary (6th ed., 1990).
187
Commodities Storage & Ice Plant Corporation, et al. v. Court of Appeals, et al., G.R. No.
125008, June 19, 1997, 274 SCRA 439.
188
Pacific Merchandising Corp. v. Consolacion Ins. & Surety Co., Inc., G.R. No. 30204, October
29, 1976, 73 SCRA 564.
189
Arranza, et al. v. B.F. Homes, Inc., et al., G.R. No. 131683, June 19, 2000, 333 SCRA 799.
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disinterested person.190 A clerk of court should not be appointed as a

receiver as he is already burdened with his official duties.191
3. 2. When receiver may be appointed 192
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 actual interest in the
property subject of the action or proceeding, and that such
property is in danger of being lost, removed, or materially
injured, unless a receiver be appointed to administer and
preserve it;193
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 probably 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.194
3.3. Who may appoint receiver195
a. Court where the action is pending
b. Supreme Court
190
Commodities Storage & Ice Plant Corporation, et al. v. Court of Appeals, et al., supra note
187, citing Alcantara v. Abbas, G.R. No. 4890, September 30, 1963, 9 SCRA 54.
191
Abrigo v. Kayanan, G.R. No. 28601, March 18, 1983, 121 SCRA 20.
192
193
Commodities Storage & Ice Plant Corporation, et al. v. Court of Appeals, et al., supra note
187.
194
Ralla v. Alcasid, 116 Phil. 622, 625 (1962).
195
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c. Court of Appeals
d. 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.
4. General Powers of a Receiver196
4.1. Bring and defend, in such capacity, actions in his own name
with leave of court;
4.2. Take and keep possession of the property in controversy;
4.3. Receive rents;
4.4. Collect debts due to himself as receiver or to the fund, property,

estate, person, or corporation of which he is the receiver;
4.5. Compound for and compromise the same;
4.6. Make transfers;
4.7. Pay outstanding debts;
4.8. Divide the money and other property that shall remain among
the persons legally entitled to receive the same;
4.9. Generally, to do such acts respecting the property as the court

may authorize;
4.10. Invest funds in his hands, but only by order of the court upon the
written consent of all the parties.
5. Specific situations when a receiver may be appointed
5.1. Family Code, Article 101
If a spouse, without just cause, abandons the other or fails to

comply with his or his obligations to the family, the aggrieved spouse
may petition the court for receivership.
196
Id., Sec. 6.
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5.2 Rules of Court, Rule 39, Section 41
The court may appoint a receiver of the property of the

judgment obligor; and it may also forbid the transfer or other
disposition of, or any interference with, the property of the judgment
obligor not exempt from execution.
5.3. After the perfection of an appeal, the trial court retains

jurisdiction to appoint a receiver of the property under litigation since
this matter does not touch upon the subject of the appeal.197
5.4. After final judgment, a receiver may be appointed as an aid to

the execution of judgment.198
5.5. Appointment of a receiver over the property in custodia legis

may be allowed when it is justified by special circumstances as when it
is reasonably necessary to secure and protect the rights of the real
owner.199
D. REPLEVIN
1. Definition
Replevin is a possessory action, the gist of which is the right of

possession in the plaintiff. The primary relief sought therein is the return of
the property wrongfully detained by another person. It is an ordinary
statutory proceeding to adjudicate rights to the title or possession of
personal property.200
2. Purpose
The provisional remedy of replevin allows the plaintiff to retain the

thing in dispute during the pendency of the action and hold it pendente
lite.201
197
RULES OF COURT, Rule 41, Sec. 9; Acuña v. Caluag, 101 Phil. 446 (1957).
198
Salientes v. IAC, et al., G.R. No. 66211, July 14, 1995, 246 SCRA 150; Ranon v. Liwag, et al.,
G.R. No. 66211, July 14, 1995, 246 SCRA 150; Philippine Trust Company v. Santamaria, 53 Phil.
463 (1929).
199
Dolar v. Sundiam, G.R. No. 27631, April 30, 1971, 38 SCRA 616.
200
Basaya v. Militante, G.R. No. 75837, December 11, 1987, 156 SCRA 299.
201
BA Finance Corporation v. Court of Appeals, et al., G.R. No. 102998, July 5, 1996, 258 SCRA
102.
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3. Requirements
3.1. Application202
a. Who may apply: party praying for the recovery of possession

of personal property.
b. When: (1) at the commencement of the action or (2) before

the answer. This is unlike attachment, injunction and support
pendente lite which may be issued at anytime before final
judgment and also unlike receivership which may issued
anytime even after final judgment.
3.2. Affidavit.203 The applicant must show by his own affidavit or that
of some other person who personally knows the facts that:
a. the applicant is the owner of the property claimed, particularly

describing it, or is entitled to the possession thereof;
b. 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. 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.
3.3 Bond.204 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 applicant in the action.
4. Order of replevin205
Upon filing such affidavit and approval of the bond, the court shall
issue an order and the corresponding writ of replevin, describing the
202
203
Id., Sec. 2.
204
Id.
205
Id., Sec. 3.
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personal property alleged to be wrongfully detained and requiring the

sheriff forthwith to take such property into his custody.
5. Jurisprudence
5.1 The applicant for a writ of replevin need not be the owner for it is
enough that he has a right to posses it.206
5.2 Replevin cannot be availed of if the property is in custodia legis

where it is under attachment or was seized under a search warrant,207
except:
a. when the seizure is illegal;208 and
b. where there is reason to believe that the seizure will no

longer be followed by the filing of the criminal action in court,
and there are conflicting claims over the seized property.209
5.3 The defendant is entitled to the return of the property taken

under a writ of replevin if the following requisites are met:
a. the defendant posts a redelivery bond executed to the plaintiff in

an amount double the value of the property;
b. the defendant serves plaintiff with a copy thereof;
c. it is done within five (5) days from taking;210 and
d. the bond is sufficient.211
5.4 . The RTC has no jurisdiction to take cognizance of the petition for
replevin; issue the writ of replevin; and order its enforcement where the
Collector of Customs had already seized the vehicles and set the sale
thereof at a public auction. The RTC should have dismissed the
petition for replevin at the outset.212
206
Yang v. Valdez, G.R. No. 73317, August 31, 1989, 177 SCRA 141.
207
Pagkalinawan v. Gomez, G.R. No. 22585, December 16, 1967, 21 SCRA 1275; RULES OF
COURT, Rule 60, Sec. 2 (c).
208
Bagalihog v. Fernandez, G.R. No. 96356, June 27, 1991, 198 SCRA 614.
209
Chua v. Court of Appeals, G.R. No. 79021, May 17, 1993, 222 SCRA 85.
210
La Tondena Distillers, Inc. v. Court of Appeals, G.R. No. 88938, June 8, 1992, 209 SCRA 553;
Ong v. IAC, G.R. No. 74073, September 13, 1991, 201 SCRA 543.
211
RULES OF COURT, Rule 60, Secs. 5 and 6.
212
Asian Terminals Incorporated v. Bautista, et al., G.R. No. 166901, October 27, 2006, 505
SCRA 748.
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E. Support Pendente Lite
1. Support pendente lite may be granted by the court in two (2)

instances:
1.1. in a family case for support, legal separation between spouses or

nullity of marriage,213
1.2. in a criminal action where civil liability includes support for the
offspring as a consequence of the crime.214
2. Nature of proceedings in the grant of support pendente lite
Proceedings for support pendente lite in family cases are summary

in nature. Family Courts may issue orders directing support pendente lite
upon either an application by a party at any stage of the proceedings or
motu proprio. These orders may be enforced immediately.215
3. Procedure
3.1. Verified application216
a. Who may apply: any party
b. When:
1. at the commencement of the proper action or proceeding,
2. at any time prior to the judgment or final order.
c. Contents:
1. Grounds for the claim
2. Financial conditions of both parties
3. Affidavits, depositions, or other authentic documents in

support thereof.
213
FAMILY CODE OF THE PHILIPPINES, Art. 203.
214
215
AM 02-11-12, Rule on Provisional Orders in Family Cases, Sec. 1.
216
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3.2. Verified comment.217 A copy of the application and all

supporting documents shall be served upon the adverse party, who
shall have 5 days to comment thereon, unless a different period is
fixed by the court upon motion.
3.3. Hearing.218 The application for support pendente lite shall be set
for hearing within 3 days after the comment is filed or after the
expiration of the period for its filing.
3.4. Order of support. 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.219
• Judgments in actions for support shall be enforceable after

their rendition and shall not be stayed by an appeal taken
therefrom, unless otherwise ordered by the trial court.220
3.5. Failure to comply with order of support. 221 If the adverse party
fails to comply with an order granting support pendente lite, the court
shall, motu proprio 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 such support.
217
Id., Sec. 2.
218
Id., Sec. 3.
219
Id., Sec. 4.
220
221
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3.6. Remedies of a party who was erroneously ordered to give

support:222
a. Apply for an order for such reimbursement by the recipient

on motion in the trial court in the same case, unless such
restitution is already included in the judgment; or
b. Failing therein, file a separate action for reimbursement

against the person legally obliged to give support.
3.7. Support in criminal cases. Support pendente lite is allowed 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.223
3.8. Child support may be ordered by a Family Court from either or

both parents in such amount as may be necessary for the support,
maintenance and education of the child, taking into consideration the
following:
• financial resources of the custodial and non-custodial parent;
• the physical and emotional health of the child;
• the child’s special needs and aptitudes;
• and the standard of living to which the child has become

accustomed to.224
3.9. Spousal support may be ordered by a Family Court during the

pendency of a petition for declaration of nullity of marriage or a petition
for legal separation, upon showing that:
a. there is no adequate provision in a written agreement

between the spouses;
b. the spouse seeking support is the custodian of a child whose

circumstances make it appropriate for that spouse not to seek
employment, or
c. such other circumstances that may merit spousal support.225
222
Id., Sec. 7.
223
Id., Sec. 6.
224
AM 02-11-12, Rule on Provisional Orders in Family Cases, Sec. 3.
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4. Jurisprudence
4.1. Where the right to support is put in issue by the pleadings or the
fact from which the right to support arises is in controversy or has not
been established, the court cannot grant support pendente lite.226
4.2. The amount of support pendente lite is not final in character in the
sense that it can be the subject of modification depending on the
changing conditions affecting the ability of the obligor to pay the
amount fixed for support.227
4.3. If an application for support pendente lite is denied, the remedy is

certiorari.
4.4. Mere affidavits or other documents appearing in the record are

sufficient basis for the court to determine amount of support pendente
lite.228
F. Provisional Remedies in Criminal Cases 229
1. Availability of Provisional Remedies230
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.
2. Attachment231
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:
2.1. When the accused is about to abscond from the Philippines;
2.2. 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,
225
Id., Sec. 2.
226
Francisco v. Zandueta, 61 Phil. 752 (1929).
227
San Juan v. Valenzuela, G.R. No. 59906, October 23, 1982, 117 SCRA 926.
228
Reyes v. Ines-Luciano, G.R. No. 48219, February 28, 1979, 88 SCRA 803.
229
REVISED RULES OF CRIMINAL PROCEDURE, Rule 127.
230
Id., Sec. 1.
231
Id., Sec. 2.
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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;
2.3. When the accused has concealed, removed, or disposed of his

property, or is about to do so; and
2.4. When the accused resides outside the Philippines.
II. UNDER SPECIAL LAWS:
A. Temporary Protection Order under the Anti-Violence Against Women

and their Children Law232
1. Definition
A protection order under Republic Act No. 9262 is an order issued for the
purpose of preventing further acts of violence against a woman or her child as
specified in R.A. No. 9262, Sec. 5 and granting other necessary relief.
The relief granted under a protection order serves the purpose of: (1)
safeguarding the victim from further harm, (2) minimizing any disruption in the
victim's daily life, and (3) facilitating the opportunity and ability of the victim to
independently regain control over her life. The provisions of the protection
order shall be enforced by law enforcement agencies.233
2. Protection Order under Rep. Act No. 9262 v. Protection Order

under A.M. No. 02-11-12-SC234 on the Rule on Provisional Orders
Protection Order under Protection Order under

Rep. Act No. 9262 A.M. No. 02-11-12-SC
Principal Action Cases of Violence against Cases for declaration of
women and their children absolute nullity of void
under Rep. Act No. 9262 marriage or for annulment of
voidable marriage or for legal
separation
Relief Enumeration under Section Enumeration under Section 7
8 of Rep. Act No.. 9262 of A.M. No. 02-11-12-SC
232
Rep. Act No. 9262.
233
Id., Sec. 8.
234
Took effect on March 15, 2003.
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Who may File a) the offended party; a.) TPE issued Motu proprio
b) parents or guardians of by court or
the offended party;
c) ascendants, descendants b. Upon application under
or collateral relatives within oath of any of the parties,
the fourth civil degree of guardian or designated
consanguinity or affinity; custodian.
d) officers or social workers
of the DSWD or social
workers of local government
units (LGUs);
e) police officers, preferably
those in charge of women
and children's desks;
f.) Punong Barangay or
Barangay Kagawad;
g.) lawyer, counselor,
therapist or healthcare
provider of the petitioner;
h.) At least two (2)
concerned responsible
citizens of the city or
municipality where the
violence against women
and their children occurred
and who have personal
knowledge of the offense
committed.
3. Period of Validity of a TPO
A temporary protection order may initially be issued ex parte for a

period of 30 days.235 The TPO may continuously be extended or renewed
until final judgment is issued, at which time the court shall either lift the
TPO or convert it into a permanent protection order. The TPO may be
modified in the course of the trial to address the needs of the applicant.236
235
236
Id., Sec. 16.
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4. How the TPO is Enforced
A temporary protection order is directed to the respondent and is

enforced by law enforcement agencies.237
5. The TPO Shall Include Any, Some, or All of the Following Reliefs:
a. Prohibiting the respondent from threatening to commit or

committing, personally or through another, any of the following
acts against women and their children:
i. Causing physical harm to the woman or her child;
ii. Threatening to cause the woman or her child physical harm;
iii. Attempting to cause the woman or her child physical harm;
iv. Placing the woman or her child in fear of imminent physical

harm;
v. Attempting to compel or compelling the woman or her child

to engage in conduct which the woman or her child has the
right to desist from or desist from conduct which the woman
or her child has the right to engage in, or attempting to
restrict or restricting the woman’s or her child’s freedom of
movement or conduct by force or threat of force, physical or
other harm or threat of physical or other harm, or intimidation
directed against the woman or child. This shall include, but
not limited to, the following acts committed with the purpose
or effect of controlling or restricting the woman’s or her
child’s movement or conduct:
Threatening to deprive or actually depriving the

woman or her child of custody to her/his family;
Depriving or threatening to deprive the woman or her

children of financial support legally due her or her family,
or deliberately providing the woman’s children insufficient
financial support;
Depriving or threatening to deprive the woman or her

child of a legal right;
Preventing the woman in engaging in any legitimate

profession, occupation, business or activity or controlling
237
Id., Sec. 15.
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the victim’s own money or properties, or solely controlling

the conjugal or common money, or properties;
vi. Inflicting or threatening to inflict physical harm on oneself for

the purpose of controlling her actions or decisions;
vi. Causing or attempting to cause the woman or her child to

engage in any sexual activity which does not constitute rape,
by force or threat of force, physical harm, or through
intimidation directed against the woman or her child or
her/his immediate family;
vii. Engaging in purposeful, knowing, or reckless conduct,

personally or through another that alarms or causes
substantial emotional or psychological distress to the woman
or her child. This shall include, but not be limited to, the
following acts:
• Stalking or following the woman or her child in public

or private places;
• Peering in the window or lingering outside the

residence of the woman or her child;
• Entering or remaining in the dwelling or on the

property of the woman or her child against her/his will;
• Destroying the property and personal belongings or

inflicting harm to animals or pets of the woman or her
child; and
• Engaging in any form of harassment or violence;
viii. Causing mental or emotional anguish, public ridicule or

humiliation to the woman or her child including, but not
limited to, repeated verbal and emotional abuse, and denial
of financial support or custody of minor children of access to
the woman’s child/children;
b. Prohibiting any public official or employee or a private individual or

entity from threatening to commit acts that tend, or threaten, to violate
the life, liberty and security of a person;
c. Prohibition of the respondent from harassing, annoying,

telephoning, contacting or otherwise communicating with the petitioner,
directly or indirectly;
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d. Removal and exclusion of the respondent from the residence of the

petitioner, regardless of ownership of the residence, either temporarily
for the purpose of protecting the petitioner, or permanently where no
property rights are violated, and if respondent must remove personal
effects from the residence, the court shall direct a law enforcement
agent to accompany the respondent to the residence, to remain there
until respondent has gathered his things, and to escort respondent
from the residence;
e. Directing the respondent to stay away from petitioner and any

designated family or household member at a distance specified by the
court, and to stay away from the residence, school, place of
employment, or any specified place frequented by the petitioner and
any designated family or household member;
f. Directing lawful possession and use by petitioner of an automobile

and other essential personal effects, regardless of ownership, and
directing the appropriate law enforcement officer to accompany the
petitioner to the residence of the parties to ensure that the petitioner is
safely restored to the possession of the automobile and other essential
personal effects, or to supervise the petitioner’s or respondent’s
removal of personal belongings;
g. Granting a temporary or permanent custody of a child/children to

the petitioner;
h. Directing the respondent to provide support to the woman and/or

her child if entitled to legal support. Notwithstanding other laws to the
contrary, the court shall order an appropriate percentage of the income
or salary of the respondent to be withheld regularly by the respondent’s
employer and for the same to be automatically remitted directly to the
woman. Failure to remit and/or withhold or any delay in the remittance
of support to the woman and/or her child without justifiable cause shall
render the respondent or his employer liable for indirect contempt of
court;
i. Prohibition of the respondent from any use or possession of any

firearm or deadly weapon and order him to surrender the same to the
court for appropriate disposition by the court, including revocation of
license and disqualification to apply for any license to use or possess a
firearm. If the offender is a law enforcement agent, the court shall order
the offender to surrender his firearm and shall direct the appropriate
authority to investigate the offender and take appropriate action on the
matter;
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j. Restitution for actual damages caused by the violence inflicted

including, but not limited to, property damage, medical expenses,
childcare expenses and loss of income;
k. Directing the DSWD or any appropriate agency to provide petitioner

temporary shelter and other social services that the petitioner may
need;238
l. Directing a person to permit a parent or a person entitled to

visitation to visit a child at stated periods;239 and
m. Directing a party to permit a designated party to enter the residence

during a specified period to take personal belongings not contested in
the proceedings.240
6. Who May File a Petition for Protection Order241
6.1. the offended party;
6.2. the parents or guardians of the offended party;
6.3. ascendants, descendants or collateral relatives within the fourth

civil degree of consanguinity or affinity of the offended party;
6.4. officers or social workers of the DSWD or social workers of local

government units (LGUs);
6.5. police officers, preferably those in charge of women and

children’s desks;
6.6. Punong barangay or barangay kagawad;
6.7. lawyer, counselor, therapist or healthcare provider of the

petitioner; and
6.8. at least two (2) concerned responsible citizens of the city or

municipality where the violence against women and their children
occurred and who have personal knowledge of the offense committed.
238
Id., Sec. 8.
239
A.M. 02-11-12-SC Rule on Provisional Orders, Sec. 7.
240
Id.
241
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7. Jurisprudence
7.1. Section 5 of Rep. Act No. 9262 expressly recognizes that the acts
of violence against women and their children may be committed by an
offender through another. The protection order that may be issued for
the purpose of preventing further acts of violence against the woman
or her child may include individuals other than the offending husband
(such as the parents-in-law of the petitioner in this case).242
7.2. A TPO, much like a TRO in civil cases, is required to be served

immediately, precisely to serve its purpose as a protective relief.243
B. Provisional Remedies under the Human Security Act of 2007244
1. Inspection, Examination, and Freeze Orders245
1.1. Who issues. The justices of the Court of Appeals designated as a

special court to handle anti-terrorism cases.246
1.2. When issued. After determination that there exists probable cause
in a hearing called for that purpose. Requisites are as follows:
a. a person is charged with or suspected of the crime of terrorism

or, conspiracy to commit terrorism;
b. he belongs to a judicially declared and outlawed terrorist

organization, association, or group of persons; and
c. is a member of such judicially declared and outlawed

organization, association, or group of persons.247
1.3. Scope of order. The authorizing division248 of the Court of Appeals

may authorize in writing any police or law enforcement officer and the
242
Go-Tan v. Spouses Tan, G.R. No. 168852, September 30, 2008, 567 SCRA 231.
243
Ocampo v. Arcaya-Chua, A.M. OCA IPI No. 07-2630-RTJ; Office of the Court Administrator v.
Arcaya-Chua, A.M. No. RTJ-07-2049; Office of the Court Administrator v. Arcaya-Chua and
Jamora, A.M. No. RTJ-08-2141; Santos v. Arcaya-Chua, A.M. No. RTJ-07-2093, April 23, 2010,
619 SCRA 59.
244
Rep. Act No. 9372.
245
Although not relevant to this BenchBook for trial courts since jurisdiction to issue these reliefs
is vested on appellate courts, they are included because they deal with provisional remedies
which is the subject of this paper.
246
Id., Sec. 27.
247
Id.
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members of his/her team duly authorized in writing by the anti-

terrorism council to do the following:
a. examine, or cause the examination of, the deposits, placements,

trust accounts, assets and records in a bank or financial institution;
and
b. gather or cause the gathering of any relevant information about

such deposits, placements, trust accounts, assets, and records
from a bank or financial institution. The bank or financial institution
concerned shall not refuse to allow such examination or to provide
the desired information, when so, ordered by and served with the
written order of the Court of Appeals.249
1.4. What may be ordered inspected. The provisions of Rep. Act No.
1405250 on the secrecy of bank accounts notwithstanding, if there are
deposits and outstanding balances, placements, trust accounts,
assets, and records in any bank or financial institution, moneys,
businesses, transportation and communication equipment, supplies
and other implements, and property of whatever kind and nature
belonging:
a. to any person suspected of, or charged before a competent

Regional Trial Court, for the crime of terrorism or the crime of
conspiracy to commit terrorism; or
b. to a judicially declared and outlawed organization, association, or

group of persons; or
c. to a member of such organization, association, or group of

persons.
1.5. Conditions for issuance of inspection order
A written order for inspection and examination of accounts shall

only be granted by the authorizing division of the Court of Appeals
upon:
248
Refers to the Justices of the Court of Appeals designated as a special court to handle anti-
terrorism cases (Rep. Act No. 9372, Sec. 27).
249
250
An Act Prohibiting Disclosure of or Inquiry Into, Deposits with Any Banking Institution and
Providing Penalty therefore, enacted on September 9, 1955.
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• an ex parte application to that effect by a police or of a law

enforcement official, duly authorized in writing to file such ex
parte application by the Anti-Terrorism Council,
• upon examination under oath or affirmation of the applicant

and the witnesses he may produce,
• establishment of the facts that will justify the need and

urgency of examining and freezing the bank deposits,
placements, trust accounts, assets, and records of:
(1) the person charged with or suspected of the crime of

terrorism or conspiracy to commit terrorism,
(2) a judicially declared and outlawed terrorist organization,

association or group of persons, or
(3) any member of such organization, association, or group

of persons.251
1.6. Effectivity of court order
The authorization issued or granted by the authorizing division

of the Court of Appeals shall be effective for the length of time
specified in the written order, which shall not exceed a period of thirty
(30) days from the date of receipt of the written order by the applicant
police or law enforcement official.
The authorizing division of the Court of Appeals may extend or

renew the said authorization for another thirty (30) day period,
renewable for another thirty (30) days, provided that the authorizing
division of the Court of Appeals is satisfied that such extension or
renewal is in the public interest, and provided further that the
application for extension or renewal, which must be filed by the original
applicant, has been duly authorized in writing by the Anti-Terrorism
Council.
In case of death of the original applicant or in case he is

physically disabled to file the application for extension or renewal, the
one next in rank to the original applicant among the members of the
team named in the original written order of the authorizing division of
the Court of Appeals shall file the application for extension or renewal.
251
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The applicant police or law enforcement official shall have thirty

(30) days after the termination of the period granted by the Court of
Appeals within which to file the appropriate case before the Public
Prosecutor’s Office for any violation of the Human Security Act.252
2. Seizure and Sequestration of Accounts
Under the Human Security Act, a division of the Court of

Appeals may order the seizure, sequestration, or freezing of the
following:
deposits; accounts; placements; assets; moneys; businesses;

and property of any kind;
belonging to a person, or persons, association or organization

suspected of or charged before a Regional Trial Court for the
crime of terrorism or conspiracy to commit terrorism, in order to
prevent their use, transfer, or conveyance for purposes inimical
to the state and to the safety and security of persons.253
3. Restriction on Travel254
In cases under the Human Security Act, where evidence of guilt

is not strong, and the person charged is entitled to bail and is granted
the same, the court, upon application by the prosecutor, shall limit the
right of travel of the accused to within the municipality or city where he
resides or where the case is pending, in the interest of national
security and public safety.
Travel outside of said municipality or city, without the

authorization of the court, shall be deemed a violation of the terms and
conditions of his bail, which shall then be forfeited as provided under
the Rules of Court.
The accused may also be placed under house arrest by order of

the court at his usual place of residence.
While under house arrest, he may not use telephones, cell

phones, e-mails, computers, the internet or other means of
252
Id., Sec. 30.
253
Id., Sec. 39.
254
Id., Sec. 26.
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communications with people outside the residence until otherwise

ordered by the court.255
C. Protective Order under the Anti-Child Pornography Act of 2009256
1. Contents of protective order.257 Any form of child pornography

materials that are part of the court records shall be placed under a
protective order that provides as follows:
a. The material may be viewed only by the parties, their counsel, their
expert witness and guardian ad litem;
b. The material or any portion thereof shall not be divulged or shown

to any other person, except as necessary for investigation, prosecution
or trial; and
c. No person shall be granted access to any form of child

pornography or any part thereof unless he signs a written affirmation
that he has received and read a copy of the protection order; that he
submits to the jurisdiction of the court with respect to the protective
order; and that, in case of violation thereof, he will be subject to the
contempt power of the court.
2. Penalties and sanctions.258 Any person found guilty of violating the

protective order shall suffer the penalty of arresto mayor in its minimum
period and a fine of not less than One Hundred Thousand Pesos
(P100,000.00) but not more than Three Hundred Thousand Pesos
(P300,000.00).
D. Freeze Order under the Anti-Money Laundering Act of 2001,259 as

Amended260
1. Who Issues
After amendment of Republic Act No. 9160 by Republic Act No.

9194, it is now the Court of Appeals, upon application ex parte by the
AMLC, and after determination that probable cause exists that any
255
Should this not have been applied in the case of former President Estrada?
256
Rep. Act No. 9775.
257
Id., Sec. 13 (d).
258
Id., Sec. 15 (m).
259
Rep. Act No. 9160.
260
Rep. Act No. 9194.
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monetary instrument or property is in any way related to an unlawful

activity, which may issue a freeze order.261
2. Effectivity
After amendment of Section 10, Republic Act No. 9160, twenty (20)
days, unless extended by the court.
3. Procedure
3.1. When application may be made by the AMLC. After conducting an

investigation and upon determination of probable cause,262 the AMLC
may file an ex-parte application before the Court of Appeals for the
issuance of a freeze order on any monetary instrument or property
subject thereof prior to the institution or in the course of, the criminal
proceedings involving the unlawful activity to which said monetary
instrument or property is any way related.263
3.2 . Scope of application. Considering the intricate and diverse web of

related and interlocking accounts pertaining to the monetary
instrument(s) or property(ies) that any person may create in the
different covered institutions, their branches and/or other units, the
AMLC may apply with the Court of Appeals, the freezing, not only of
the monetary instruments or properties in the names of the reported
owner(s)/holder(s), and monetary instruments or properties named in
the application of the AMLC but also all other related web of
accounts264 pertaining to other monetary instruments and properties,
the funds and sources of which originated from or are related to the
261
Id., Sec. 10.
262
Probable cause under Rule 10.2 of the Revised Implementing Rules and Regulations of Rep.
Act No. 9160, as amended by Rep. Act No. No. 9194 is defined as follows: “Probable cause”
includes such facts and circumstances which would lead a reasonably discreet, prudent or
cautious man to believe that an unlawful activity and/or a money laundering offense is about to
be, is being or has been committed and that the account or any monetary instrument or property
subject thereof sought to be frozen is in any way related to said unlawful activity and/or money
laundering offense.
263
Revised Implementing Rules and Regulations of Rep. Act No. 9160, as amended by Rep. Act
No. 9194, Rule 10.1.a.
264
Related web of accounts pertaining to the money instrument or property subject of the freeze
order under Rule 10.4 of the Revised Implementing Rules and Regulations of Rep. Act No. 9160,
as amended by Rep. Act No. 9194 is defined as those accounts, the funds and sources of which
originated from and/or are materially linked to the monetary instrument(s) or property(ies) subject
of the freeze order(s).
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monetary instrument(s) or property(ies) subject of the freeze

order(s).265
3.3 . Duty of covered institution upon receipt of notice of the freeze

order. 266
A. immediately freeze the monetary instrument or property and

related web of accounts subject thereof;267
B. immediately furnish a copy of the notice of the freeze order

upon the owner or holder of the monetary instrument or property
or related web of accounts subject thereof;268
C. submit, to the Court of Appeals and the AMLC, by personal

delivery, within 24 hours from receipt of the freeze order, a
detailed written return on the freeze order, specifying all the
pertinent and relevant information which shall include the
following:
1. account number(s);
2. name(s) of the account owner(s) or holder(s);
3. amount of the monetary instrument, property or related

web of accounts as of the time they were frozen;
4. all relevant information as to the nature of the monetary

instrument or property;
265
No. 9194, Rule 10.5.b.
266
“Covered Institution” refers to:
1. banks, non-banks, quasi-banks, trust entities, and all other institutions and their
subsidiaries and affiliates supervised or regulated by the Bangko Sentral ng Pilipinas
(BSP);
2. Insurance companies and all other institutions supervised or regulated by the
Insurance Commission; and
3. Securities dealers, brokers, salesmen, investment houses and other similar entities
managing securities or rendering services as investment agent, advisor, or consultant, (ii)
mutual funds, close and investment companies, common trust funds, pre-need
companies and other similar entities, (iii) foreign exchange corporations, money
changers, money payment, remittance, and transfer companies and other similar entities,
and (iv) other entities administering or otherwise dealing in currency, commodities or
financial derivatives based thereon, valuable objects, cash substitutes and other similar
monetary instruments or property supervised or regulated by Securities and Exchange
Commission.
267
No. 9194, Rule 10.3.a.
268
Id., Rule 10.3.b.
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5. any information on the related web of accounts pertaining

to the monetary instrument or property subject of the freeze
order; and
6. time when the freeze thereon took effect.
3.4. Extension of freeze order. Prior to its amendment, Section 10 of

Republic Act 9160 allowed the AMLC to apply in court for an extension
of the period of effectivity of the freeze order.269 With the amendment
introduced by Republic Act No. 9194 and the Revised Implementing
Rules and Regulations, the AMLC shall now file its application for
extension with the Court of Appeals.270 Upon the timely filing of such
application and pending the decision of the Court of Appeals to extend
the period, said period shall be deemed suspended and the freeze
order shall remain effective. However, the covered institution shall not
lift the effects of the freeze order without securing official confirmation
from the AMLC.271
3.5. Prohibition against issuance of freeze orders against candidates

for an electoral office during election period. No assets shall be frozen
to the prejudice of a candidate for an electoral office during an election
period.272
3.6. Jurisdiction of Money Laundering Cases. The Regional Trial

Courts shall have jurisdiction to try all cases on money laundering,
except those committed by public officers and private persons who are
in conspiracy with such public officers which shall be under the
jurisdiction of the Sandiganbayan.273
3.7. Authority to Inquire into Bank Deposits upon a court order.274 -

Notwithstanding the provisions of Rep. Act No. 1405, as amended,
Rep. Act No. 6426, as amended, Rep. Act No. 8791, and other laws,
the AMLC may inquire into or examine any particular deposit or
investment with any banking institution or non-bank financial institution
and their subsidiaries and affiliates upon order of any competent court
269
Implementing Rules and Regulations of Rep. Act No. 9160, Rule 10.7.
270
Revised Implementing Rules and Regulations of Rep. Act No. 9160, Rule 10.1 (c) and Rule
10.5.
271
Id.
272
Id., Rule 10.6.
273
Id., Rule 5.1.
274
Id., Rule 11.1.
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in cases of violation of this Act, when it has been established that there
is probable cause that the deposits or investments involved are related
to an unlawful activity as defined in Section 3 (i) hereof or a money
laundering offense under Section 4 hereof; except in cases as
provided under Rule 11.2.275
3.8. Application for provisional remedies in court
a. The AMLC may apply, in the course of the criminal proceedings,

for provisional remedies to prevent the monetary instrument or
property subject thereof from being removed, concealed,
converted, commingled with other property or otherwise to prevent
its being found or taken by the applicant or otherwise placed or
taken beyond the jurisdiction of the court. However, no assets shall
be attached to the prejudice of a candidate for an electoral office
during an election period.276
b. Where there is conviction for money laundering under Section 4

of the AMLA, the court shall issue a judgment of forfeiture in favor
of the Government of the Philippines with respect to the monetary
instrument or property found to be proceeds of one or more
unlawful activities. However, no assets shall be forfeited to the
prejudice of a candidate for an electoral office during an election
period.277
3.9. Claim on Forfeited Assets. - Where the court has issued an order
of forfeiture of the monetary instrument or property in a criminal
prosecution for any money laundering offense under Section 4 of the
AMLA, the offender or any other person claiming an interest therein
may apply, by verified petition, for a declaration that the same
legitimately belongs to him, and for segregation or exclusion of the
monetary instrument or property corresponding thereto. The verified
275
Id., Rule 11.2. Authority to Inquire into Bank Deposits WITHOUT COURT ORDER. - The
AMLC may inquire into or examine deposit and investments with any banking institution or non-
bank financial institution and their subsidiaries and affiliates without a court order where any of
the following unlawful activities are involved:
(a) Kidnapping for ransom under Art. 267 of Act No. 3815, otherwise known as
the REVISED PENAL CODE, as amended;
(b) Secs. 4, 5, 6, 8, 9, 10. 12, 13, 14, 15, and 16 of Republic Act No. 9165,
otherwise known as the Comprehensive Dangerous Drugs Act of 2002;
(c) Hijacking and other violations under Rep. Act No. 6235 [1971]; destructive
arson and murder, as defined under the REVISED PENAL CODE, as amended,
including those perpetrated by terrorists against noncombatant persons and
similar targets
276
Id., Rule 15.2.a.
277
Id., Rule 15.2.b.
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petition shall be filed with the court which rendered the judgment of
conviction and order of forfeiture within fifteen (15) days from the date
of the order of forfeiture, in default of which the said order shall
become final and executory. This provision shall apply in both civil and
criminal forfeitures.278
E. Protection Orders for Victims and Witnesses under the Philippine Act
on Crimes Against International Humanitarian Law, Genocide, and other
Crimes Against Humanity279
1. Jurisdiction of Philippine Courts.280 The Regional Trial Court of the

Philippines shall have original and exclusive jurisdiction over the crimes
punishable under the Act. Their judgments may be appealed to the Court
of Appeals and to the Supreme Court, as provided by law.
2. Protection of victims and witnesses.281 - In addition to existing

provisions under Philippine law for the protection of victims and witnesses,
the following measures shall be undertaken:
a. The Philippine court shall take appropriate measures to protect the

safety, physical and physiological well-being, dignity and privacy of
victims and witnesses. In so doing, the court shall have regard of all
relevant factors, including age, gender and health, and the nature of
the crime, in particular, but not limited to, where the crime involves
sexual or gender violence or violence against children. The prosecutor
shall take such measures particularly during the investigation and
prosecution of such crimes. These measures shall not be prejudicial to
or inconsistent with the rights of the accused, including right to a fair
and impartial trial;
b. As an exception to the general principle of public hearings, the

court may, to protect the victims and witnesses or an accused, conduct
any part of the proceedings in camera or allow the presentation of
evidence by electronic or other special means. In particular, such
measures shall be implemented in the case of the victim of sexual
violence or a child who is a victim or is a witness, unless otherwise
ordered by the court, having regard to all the circumstances,
particularly the views of the victim or witness;
c. Where the personal interests of the victims are affected, the court
shall permit their views and concerns to be presented and considered
278
Id., Rule 12.3.
279
Rep. Act No. 9851 [2009].
280
Id., Chapter VII, Sec. 18.
281
Id., Chapter VI, Sec.13.
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at stages of the proceedings determined to be appropriate by the court

in a manner which is not prejudicial to or inconsistent with the rights of
the accused and a fair and impartial trial. Such views and concerns
may be presented by the legal representatives of the victims where the
court considers it appropriate in accordance with the established rules
of procedure and evidence; and
d. Where the disclosure of evidence or information pursuant to this

Act may lead to the grave endangerment of the security of a witness
for his/her family, the prosecution may, for purposes of any
proceedings conducted prior to the commencement of the trial,
withhold such evidence or information and instead submit a summary
thereof. Such measures shall be exercised in a manner which is not
prejudicial to or inconsistent with the rights of the accused and to a fair
and impartial trial.
III. UNDER OTHER SUPREME COURT ISSUANCES
A. Definition of Terms
1. Amparo literally means “protection” and the writ originated in

Mexico.282 The writ is a remedy available to any person whose right to life,
liberty and security is violated or threatened with violation by an unlawful
act or omission of a public official or employee, or of a private individual or
entity.283
2. Habeas Data is a Latin phrase which literally means “you should have
the data.” It is a remedy available to any person whose right to privacy in
life, liberty or security is violated or threatened by an unlawful act or
omission of a public official or employee, or of a private individual or entity
engaged in the gathering, collecting or storing of data or information
regarding the person, family, home and correspondence of the aggrieved
party.284
282
The Secretary of National Defense, et al. v. Manalo, et al., G.R. No. 180906, October 7, 2008,
568 SCRA 1, citing Barker, R., "Constitutionalism in the Americas: A Bicentennial Perspective,"
49 University of Pittsburgh Law Review (Spring, 1988) 891, 906.
283
A.M. No. 07-9-12-SC, Sec. 1.
284
A.M. No. 08-1-16-SC, The Rule on the Writ of Habeas Data, issued on January 22, 2008, Sec.
1.
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B. Provisional Remedies under the Rule on the Writ of Amparo285
1. TEMPORARY PROTECTION ORDER286
The court, upon motion or motu proprio, may order that the
petitioner or the aggrieved party, and any member of his immediate family
be protected in a government agency, or by an accredited person, or
private institution capable of keeping and securing their safety. If the
petitioner is an organization, association or institution because there is no
known member of the immediate family or relative of the aggrieved party,
then the protection may be extended to the officers involved.
2. INSPECTION ORDER287
2.1. What may be ordered inspected
In a petition for the issuance of the writ of amparo, the court,

justice or judge, upon verified motion and after due hearing, may
order any person in possession or control of a designated land or
other property, to permit entry for the purpose of inspecting,
measuring, surveying, or photographing the property or any
relevant object or operation thereon.
2.2. Requirements for issuing inspection order under the writ of

amparo
In a petition for the writ of amparo, the motion for issuance

of an inspection order of a place or land shall state in detail the
place or places to be inspected. It shall be supported by affidavits
or testimonies of witnesses having personal knowledge of the
enforced disappearance or whereabouts of the aggrieved party.
The movant must show that the inspection order is necessary to
establish the right of the aggrieved party allegedly threatened or
violated.
2.3. When opposed
If the motion is opposed on the ground of national security or

of the privileged nature of the information, the court, justice or
285
A.M. No. 07-9-12-SC, The Rule on the Writ of Amparo, which took effect on October 24, 2007.
NOTE: For a more exhaustive discussion on the Rule on the Writ of Amparo, see the Chapter on
Special Proceedings.
286
A.M. No. 07-9-12-SC, Sec. 14 (a).
287
Id., Sec. 14 (b).
C-66
judge may conduct a hearing in chambers to determine the merit of

the opposition.
2.4. What inspection order under the writ of amparo should contain
The inspection order shall specify the person/s authorized to

make the inspection and the date, time, place, and manner of
making the inspection. It may prescribe other conditions to protect
the constitutional rights of all parties. The order shall expire five (5)
days after its issuance, unless extended for justifiable reasons.
3. PRODUCTION ORDER288
3.1. Production order. In a petition for the issuance of the writ of

amparo, the court, upon verified motion and after due hearing,
may order any person in possession, custody or control of any
designated documents, papers, books, accounts, letters,
photographs, objects or tangible things, or objects in digitized or
electronic form, which constitute or contain evidence relevant to
the petition or the return, to produce and permit their inspection,
copying or photographing by, or on behalf, of the movant.
3.2. Grounds for opposition. The motion may be opposed on the

ground of national security or privileged nature of the
information, in which case the court/ justice/ judge may conduct
a hearing in chambers to determine the merit of the opposition.
3.3 . Other conditions of order. The court, justice or judge shall

prescribe other conditions to protect the constitutional rights of
all the parties.
4. WITNESS PROTECTION ORDER289
Referral by court upon motion or motu proprio. The court/ justice/

judge, upon motion or motu proprio, may refer the witnesses to the
Department of Justice for admission to the Witness Protection, Security
and Benefit Program, pursuant to Republic Act No. 6981. The court,
justice or judge may also refer the witnesses to other government
agencies, or to accredited persons or private institutions capable of
keeping and securing their safety.
288
Id., Sec. 14 (c).
289
Id., Sec. 14 (d).
C-67
5. JURISPRUDENCE
The provisional reliefs are intended to assist the court before it

arrives at a judicious determination of the amparo petition. The court
cannot order the inspection of the military camps and order the army units
to conduct an investigation into the disappearance of the victims in this
case after it absolved the respondents. Thus, to grant the temporary
reliefs under the rule is not in sync with a finding that the respondents
could not be held accountable for the disappearance of the victims.290
C. Provisional Remedies under the Rule on Corporate Rehabilitation291
1. Stay Order
1.1. Contents of order292
If the court finds the petition to be sufficient in form and substance,

it shall, not later than five (5) working days from the filing of the
petition, issue an order:
a. appointing a rehabilitation receiver and fixing his bond;
b. staying enforcement of all claims, whether for money or

otherwise and whether such enforcement is by court action or
otherwise, against the debtor, its guarantors and persons not
solidarily liable with the debtor. The stay order shall not cover
claims against letters of credit and similar security
arrangements issued by a third party to secure the payment of
the debtor's obligations. Further, the stay order shall not cover
foreclosure by a creditor of property not belonging to a debtor
under corporate rehabilitation; provided, however, that where
the owner of such property sought to be foreclosed is also a
guarantor or one who is not solidarily liable, said owner shall be
entitled to the benefit of excussion as such guarantor;
c. prohibiting the debtor from selling, encumbering, transferring, or

disposing in any manner any of its properties, except in the
ordinary course of business;
290
Yano v. Sanchez, et al., G.R. No. 186640, February 11, 2010, 612 SCRA 347.
291
A.M. No. 00-8-10 SC, which took effect on January 16, 2009; See also PHILJA Casebook on
Commercial Law.
292
Id., Sec. 7.
C-68
d. prohibiting the debtor from making any payment of its liabilities,

except as provided in items (e), (f) and (g) of this Section or
when ordered by the court pursuant to Section 10 of Rule 3;
e. prohibiting the debtor's suppliers of goods or services from

withholding supply of goods and services in the ordinary course
of business for as long as the debtor makes payments for the
services and goods supplied after the issuance of the stay
order;
f. directing the payment in full of all administrative expenses

incurred after the issuance of the stay order;
g. directing the payment of new loans or other forms of credit

accommodations obtained for the rehabilitation of the debtor
with prior court approval;
h. fixing the dates of the initial hearing on the petition, not earlier
than forty-five (45) days but not later than sixty (60) days from
the filing thereof;
i. directing the petitioner to publish the Order in a newspaper of

general circulation in the Philippines once a week for two (2)
consecutive weeks;
j. directing the petitioner to furnish a copy of the petition and its

annexes, as well as the stay order, to the creditors named in the
petition and the appropriate regulatory agencies, such as, but
not limited to, the Securities and Exchange Commission, the
Bangko Sentral ng Pilipinas, the Insurance Commission, the
National Telecommunications Commission, the Housing and
Land Use Regulatory Board and the Energy Regulatory
Commission;
k. directing the petitioner that foreign creditors with no known

addresses in the Philippines be individually given a copy of the
stay order at their foreign addresses;
l. directing all creditors and all interested parties (including the

regulatory agencies concerned) to file and serve on the debtor a
verified comment on or opposition to the petition, with
supporting affidavits and documents, not later than fifteen (15)
days before the date of the first initial hearing and putting them
on notice that their failure to do so will bar them from
participating in the proceedings; and
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m. directing the creditors and interested parties to secure from the

court copies of the petition and its annexes within such time as
the court may order to enable themselves to file their comment
on or opposition to the petition and to prepare for the initial
hearing of the petition.
1.2. Period of Effectivity.293 The stay order shall be effective from the
date of its issuance until the approval of the rehabilitation plan or the
dismissal of the petition.
1.3. Effects of the stay order
a. The issuance of a stay order does not affect the right to

commence actions or proceedings insofar as it is necessary to
preserve a claim against the debtor;294 and
b. The stay order shall likewise prohibit the debtor corporation

from selling, encumbering or disposing of its properties except
in the ordinary course of business.295
1.4. What are not covered by the stay order296
a. Claims against letters of credit and similar security

arrangements issued by a third party to secure the payment of
the debtor’s obligations.
b. Foreclosure of a property not belonging to a debtor under

corporate rehabilitation, unless the owner of such property is a
guarantor or one who is solidarily liable with the debtor.
1.5. Relief from, modification, or termination of stay order297
a. The court may, upon motion, terminate, modify, or set

conditions for the continuance of the stay order, or relieve a
claim from the coverage thereof upon showing that (1) any of
the allegations in the petition, or any of the contents of any
293
Id., Sec. 9.
294
Id., Sec. 7.
295
Id., Sec. 7 (c).
296
Id., Sec. 7 (b).
297
Id., Sec. 10.
C-70
attachment, or the verification thereof has ceased to be true; (2)

a creditor does not have adequate protection over property
securing its claims; (3) the debtor's secured obligation is more
than the fair market value of the property subject of the stay
order and such property is not necessary for the rehabilitation of
the debtor; or (4) the property covered by the stay order is not
essential or necessary to the rehabilitation and the creditor's
failure to enforce its claim will cause more damage to the
creditor than to the debtor.
b. For purposes of this Section, the creditor lacks adequate

protection if it can be shown that:
i. The debtor fails or refuses to honor a pre-existing

agreement with the creditor to keep the property
insured;
ii. The debtor fails or refuses to take commercially

reasonable steps to maintain the property; or
iii. The property has depreciated to an extent that the

creditor is undersecured.
c. Upon showing the creditor's lack of adequate protection, the

court shall order the rehabilitation receiver:
i. to make arrangements to provide for the insurance or

maintenance of the property, or
ii. to make payments or otherwise provide additional or

replacement security such that the obligation is fully
secured.
If such arrangements are not feasible, the court

shall modify the stay order to allow the secured
creditor lacking adequate protection to enforce its
claim against the debtor; provided, however, that the
court may deny the creditor the remedies in this
paragraph if such remedies would prevent the
continuation of the debtor as a going concern or
otherwise prevent the approval and implementation of
a rehabilitation plan.
C-71
2. Appointment of Receiver
2.1. In a petition for corporate rehabilitation, when the court finds the
same to be sufficient in form and substance, the Court shall, within five
days from filing of the petition, appoint a rehabilitation receiver and fix
his bond.298
2.2. Service of stay order on rehabilitation receiver. The petitioner shall

immediately serve a copy of the stay order on the rehabilitation
receiver appointed by the court, who shall manifest his acceptance or
non-acceptance of his appointment not later than ten (10) days from
receipt of the order.299
2.3. Qualifications of rehabilitation receiver300
a. In the appointment of the rehabilitation receiver, the following

qualifications shall be taken into consideration by the court:
i. Expertise and acumen to manage and operate a business

similar in size and complexity to that of the debtor;
ii. Knowledge in management, finance and rehabilitation of

distressed companies;
iii. General familiarity with the rights of creditors in

suspension of payments or rehabilitation and general
understanding of the duties and obligations of a rehabilitation
receiver;
iv. Good moral character, independence and integrity;
iv. Lack of conflict of interest as defined in this Section; and
vi. Willingness and ability to file a bond in such amount as may

be determined by the court.
b. Without limiting the generality of the following, a rehabilitation

receiver may be deemed to have a conflict of interest if:
i. He is a creditor or stockholder of the debtor;
298
A.M. No. 00-8-10-SC, 2009, Rules of Procedure on Corporate Rehabilitation, Sec. 7.
299
Id., Sec. 8.
300
Id., Sec. 11.
C-72
ii. He is engaged in a line of business which competes with the

debtor;
iii. He is, or was, within two (2) years from the filing of the
petition, a director, officer, or employee or the auditor or
accountant of the debtor;
iv. He is, or was, within two (2) years from the filing of the
petition, an underwriter of the outstanding securities of the
debtor;
v. He is related by consanguinity or affinity within the fourth civil

degree to any creditor, stockholder, director, officer, employee,
or underwriter of the debtor; or
vi. He has any other direct or indirect material interest in the

debtor or any creditor.
2.4. For other relevant provisions on corporate rehabilitation, as well

as the powers and functions of a corporate rehabilitation receiver – see
Section 12 of A.M. No. 00-8-10-SC, 2009 Rules of Procedure on
Corporate Rehabilitation.
D. Provisional Remedies under the Rule on Provisional Orders301
1. Spousal Support302
1.1. In determining support for the spouses, the court may be guided
by the following rules:
a. In the absence of adequate provisions in a written

agreement between the spouses, the spouses may be
supported from the properties of the absolute community or
the conjugal partnership;
b. The court may award support to either spouse in such

amount and for such period of time as the court may deem
just and reasonable based on their standard of living during
the marriage;
301
A.M. No. 02-11-12-SC, which took effect on March 15, 2003.
302
Id., Sec. 2.
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c. The court may likewise consider the following factors:
i. whether the spouse seeking support is the custodian of a

child whose circumstances make it appropriate for that
spouse not to seek outside employment;
ii. the time necessary to acquire sufficient education and

training to enable the spouse seeking support to find
appropriate employment, and that spouse’s future
earning capacity;
iii. the duration of the marriage;
iv. the comparative financial resources of the spouses,

including their comparative earning abilities in the labor
market;
v. the needs and obligations of each spouse;
vi. the contribution of each spouse to the marriage, including

services rendered in home-making, child care, education,
and career building of the other spouse;
vii. the age and health of the spouses;
viii. the physical and emotional conditions of the spouses;
ix. the ability of the supporting spouse to give support,

taking into account that spouse’s earning capacity,
earned and unearned income, assets, and standard of
living; and
x. any other factor the court may deem just and equitable.
d. The Family Court may direct the deduction of the provisional

support from the salary of the spouse.
2. Child Support303
2.1. The common children of the spouses shall be supported from the
properties of the absolute community or the conjugal partnership.
303
Id., Sec. 3.
C-74
2.2. Subject to the sound discretion of the court, either parent or both
may be ordered to give an amount necessary for the support,
maintenance, and education of the child. It shall be in proportion to the
resources or means of the giver and to the necessities of the recipient.
2.3. In determining the amount of provisional support, the court may

likewise consider the following factors:
a. the financial resources of the custodial and non-custodial parent

and those of the child;
b. the physical and emotional health of the child and his or her
special needs and aptitudes;
c. the standard of living the child has been accustomed to;
d. the non-monetary contributions that the parents will make toward

the care and well-being of the child.
2.4. The Family Court may direct the deduction of the provisional
support from the salary of the parent.
3. Child Custody304
3.1. In determining the right party or person to whom the custody of the
child of the parties may be awarded pending the petition, the court
shall consider the best interests of the child and shall give paramount
consideration to the material and moral welfare of the child,
3.2. The court may likewise consider the following factors:
a. the agreement of the parties;
b. the desire and ability of each parent to foster an open and loving
relationship between the child and the other parent;
c. the child’s health, safety, and welfare;
d. any history of child or spousal abuse by the person seeking

custody or who has had any filial relationship with the child,
including anyone courting the parent;
304
Id., Sec. 4.
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e. the nature and frequency of contact with both parents;
f. habitual use of alcohol or regulated substances;
g. marital misconduct;
h. the most suitable physical, emotional, spiritual, psychological

and educational environment; and
i. the preference of the child, if over seven years of age and of

sufficient discernment, unless the parent chosen is unfit.
3.3. Order of preference. The court may award provisional custody

in the following order of preference:
a. to both parents, jointly;
b. to either parent, taking into account all relevant considerations

under the foregoing paragraph, especially the choice of the child
over seven years of age, unless the parent chosen is unfit;
c. to the surviving grandparent, or if there are several of them, to

the grandparent chosen by the child over seven years of age
and of sufficient discernment, unless the grandparent is unfit or
disqualified;
d. to the eldest brother or sister over twenty-one years of age,

unless, he or she is unfit or disqualified;
e. to the child’s actual custodian over twenty-one years of age,

unless unfit or disqualified; or
f. to any other person deemed by the court suitable to provide

proper care and guidance for the child.
3.4. Notice. The custodian temporarily designated by the court shall

give the court and the parents five days notice of any plan to change
the residence of the child or take him out of his residence for more
than three days, provided it does not prejudice the visitation rights of
the parents.
C-76
3.5. Best interest of the child. Article 363 of the Civil Code provides
that in all questions relating to the care, custody, education and
property of the children, the latter's welfare is paramount. This means
that the best interest of the minor can override procedural rules and
even the rights of parents to the custody of their children. Since, in this
case, the very life and existence of the minor is at stake and the child
is in an age when she can exercise an intelligent choice, the courts can
do no less than respect, enforce and give meaning and substance to
that choice and uphold her right to live in an atmosphere conducive to
her physical, moral and intellectual development. The minor’s threat of
committing suicide may be proven empty, but the child has a right to a
wholesome family life that will provide her with love, care and
understanding, guidance and counseling and moral and material
security.305This refers to the totality of the circumstances and
conditions that are most congenial to the survival, protection and
feelings of security of the child and most encouraging to the child’s
physical, psychological and emotional development. It also means the
least detrimental available alternative for safeguarding the growth and
development of the child.306
4. Visitation Rights307
Appropriate visitation rights shall be provided to the parent who is

not awarded provisional custody, unless found unfit or disqualified by the
court.
5. Hold Departure Order308
5.1. Rule: Pending resolution of the petition, no child of the parties

shall be brought out of the country without prior order from the court.
5.2. When HDO may be issued. The court, motu proprio or upon
application under oath, may issue ex-parte a hold departure order,
addressed to the Bureau of Immigration and Deportation, directing it
not to allow the departure of the child from the Philippines without the
permission of the court.
The Family Court issuing the hold departure order shall furnish
the Department of Foreign Affairs and the Bureau of Immigration and
305
Horacio Luna & Liberty Hizon-Luna v. IAC, et al, G.R. No. 68374, June 18, 1985, 137 SCRA 1.
306
A.M. No. 02-1-18-SC, dated November 24, 2009, Rule on Juveniles in Conflict with the Law.
307
A.M. No. 02-11-12-SC, Sec. 5.
308
Id., Sec. 6.
C-77
Deportation a copy of the hold departure order issued within 24 hours

from the time of its issuance and through the fastest available means
of transmittal.
5.3. The hold-departure order shall contain the following information:
a. the complete name (including the middle name), the date

and place of birth, and the place of last residence of the
person against whom a hold-departure order is issued or
whose departure from the country has been enjoined;
b. the complete title and docket number of the case in

which the hold departure is issued;
c. the specific nature of the case;
d. the date of the hold-departure order; and
e. if available, a recent photograph of the person against whom a

hold-departure order is issued or whose departure from the country
is enjoined, should also be included.
5.4. Recall of HDO. The court may recall the order, motu proprio or
upon verified motion of any of the parties, after a summary hearing -
subject to such terms and conditions as may be necessary - for the
best interests of the child.
6. Order of Protection309
The court may issue an order of protection requiring any person:
a. to stay away from the home, school, business, or place of

employment of the child, other parent or any other party, and
to stay away from any other specific place designated by the
court;
b. to refrain from harassing, intimidating, or threatening such

child or the other parent or any person to whom custody of
the child is awarded;
309
Id., Sec. 7.
C-78
c. to refrain from acts of commission or omission that create an

unreasonable risk to the health, safety, or welfare of the
child;
d. to permit a parent, or a person entitled to visitation by a court

order or a separation agreement, to visit the child at stated
periods;
e. to permit a designated party to enter the residence during a

specified period of time in order to take personal belongings
not contested in a proceeding pending with the Family Court;
and
f. to comply with such other orders as are necessary for the

protection of the child.
7. Administration of Common Property310
7.1. If a spouse, without just cause, abandons the other, or fails to

comply with his or her obligations to the family, the court may, upon
application of the aggrieved party under oath, issue a provisional order
appointing the applicant or a third person as receiver or sole
administrator of the common property subject to such precautionary
conditions it may impose.
7.2. The receiver or administrator may not dispose of, or encumber any
common property or specific separate property, of either spouse
without prior authority of the court.
7.3. Registration, required. The provisional order issued by the court

shall be registered in the proper Register of Deeds and annotated in all
titles of properties subject of the receivership or administration.
E. Provisional Remedies under the Rule on Involuntary Commitment of

Children311
1. Guardian Ad Litem of Child312
If neither of the parents nor the guardian of the child can be located
or does not appear in court despite due notice, or if the court finds them
incompetent to protect the best interests of the child, the court shall
310
Id., Sec. 8.
311
A.M. 02-1-19, which took effect on April 15, 2002.
312
Id., Sec. 4(f).
C-79
appoint a suitable person as guardian ad litem to represent the child. In

making the appointment, the court shall consider the background of the
guardian ad litem and his familiarity with the judicial process, social
service programs and child development. A member of the Philippine Bar
may be appointed as guardian ad litem.
2. Temporary Custody of a Child313
a. A duly licensed child-placement or child-caring agency or individual

to whom a child has been committed may file a verified motion with the
court which granted the petition for involuntary commitment of a child
to place him in the care of any suitable person, upon the latter's
request, for a period not exceeding one month at a time.
b. The court may order the social worker to submit a case study
report to aid it in evaluating whether such temporary custody shall be
for the best interests of the child.
c. The period of temporary custody of the child may be extended by

the court for a period not exceeding one month at a time upon motion
of the duly licensed child-placement or child-caring agency or
individual to which the child has been committed.
F. Provisional Remedies under the Rules of Procedure for

Environmental Cases314
1. When Temporary Environmental Protection Order (TEPO) may

issue
If it appears from the verified complaint with a prayer for the

issuance of an Environmental Protection Order (EPO) that the matter is of
extreme urgency and the applicant will suffer grave injustice an irreparable
injury, the executive judge of the multiple sala court before raffle, or the
presiding judge of a single sala court, as the case may be, may issue ex-
parte a TEPO effective for only seventy-two (72) hours from date of the
receipt of the TEPO by the party or person enjoined. Within said period,
the court where the case is assigned shall conduct a summary hearing to
determine whether the TEPO may be extended until the termination of the
case.315
313
Id., Sec. 4(m).
314
A.M. 09-6-8-SC, which took effect on 29 April 2010. Note: For a more comprehensive
discussion on this subject, see Section on Environmental Law.
315
Id., Sec. 8.
C-80
2. Court’s duty to monitor acts subject of TEPO
The court where the case is assigned shall periodically monitor the
existence of acts that are the subject matter of the TEPO, even if issued by
the executive judge, and may lift the same at any time as circumstances may
warrant.
3. Applicant exempt from bond requirement
The applicant shall be exempted from posting bond for issuing TEPO.
4. Dissolution of TEPO
4.1. Affidavits, necessary. The grounds for a motion to dissolve a

TEPO shall be supported by affidavits of the party or person enjoined,
which the applicant may oppose, also by affidavits.
4.2. Grounds for dissolution. The TEPO may be dissolved if it appears

after hearing that its issuance or continuance would cause irreparable
damage to the party or person enjoined while the applicant may be
fully compensated for such damages as he may suffer and subject to
the posting of a sufficient bond by the party or person enjoined.316
5. Report on TEPO, EPO, TRO or preliminary injunction.
The judge shall report to the Supreme Court, through the Office of the
Court Administrator any action taken on any TEPO, EPO. TRO or a
preliminary injunction, including its modification or dissolution, within ten
(10) days from the action taken.317
G. Hold Departure Order in Criminal Cases318
1. Who may issue
A hold departure order may be issued by a Regional Trial Court

against an accused in criminal cases falling within its jurisdiction. The
RTC issuing the HDO must furnish the Department of Foreign Affairs, the
316
Id., Sec. 9.
317
Id., Sec. 11.
318
Circular No. 39-97, issued on June 19 1997, Re: Guidelines in the Issuance of Hold-Departure
Orders.
C-81
Department of Justice and the Bureau of Immigration with a copy of the

Order within 24 hours from its issuance.
First level courts may not issue hold departure orders.319
2. In the issuance of (1) orders directing the inclusion of the name of any
person in the hold-departure list of the Bureau of Immigration; or (2) Hold-
Departure Orders, all judges shall comply strictly with the provisions of
Section 3 of Circular No. 39-97, dated 19 June 1997. This section
provides that the order involved shall contain the following information:
2.1. The complete name (including the middle name), the date and
place of birth of the person against whom a Hold-Departure Order has
been issued or whose departure from the country has been enjoined;
2.2. The complete title and the docket number of the case in which
the Hold-Departure Order was issued;
2.3. The specific nature of the case; and
2.4. The date of the Hold-Departure Order.
3. Should information on the alias/aliases and the number of the passport

of the person subject of the Hold-Departure Order be available, the same
should be included in the order involved. The completion of all required
information in the court order will obviate problems of identification and will
facilitate the effective implementation thereof by the immigration agents of
the Bureau of Immigration.320
319
Id.
320
Circular No. 3-99, January 12, 1999, Re: Inclusion of Complete Information in Hold-Departure
Orders.
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Provisional Remedies: Rita Linda Ventura - Jimeno

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PROVISIONAL REMEDIES

A provisional remedy is a collateral proceeding, permitted only in

NATURE OF PROVISIONAL REMEDIES

Remedies which parties may resort to for the preservation or

Remedies which constitute temporary measures availed of during

DIFFERENT PROVISIONAL REMEDIES

I. Under the 1997 Revised Rules of Court:

1. Attachment (Rule 57)

2. Preliminary Injunction and Temporary Restraining Order (Rule 58)

3. Receivership (Rule 59)

4. Replevin or delivery of private property (Rule 60)

5. Support Pendente Lite (Rule 61)

B. In Criminal Cases (Rule 127)

The provisional remedies in civil actions, insofar as they are applicable,

II. Under Special Laws

1. Inspection, Examination of Accounts and Freeze Order

2. Seizure and Sequestration of Accounts and Assets

III. Under other Supreme Court Issuances

1. Temporary Protection Order

4. Witness Protection Order

B. Provisional Remedies under the Rule on Corporate Rehabilitation (A.M.

5. Hold Departure Order

7. Administration of Common Property

D. Provisional Remedies under the Rule on Involuntary Commitment of

1. Guardian Ad Litem of a Child

2. Temporary Custody of a Child

E. Provisional remedies under the Rules of Procedure for Environmental

F. Hold Departure Order in Criminal Cases

1. Affidavits of merit are required to support the issuance of these remedies,

2. Generally, a bond to answer for damages by reason of the improvident

Exempted from the bond requirement:

a. temporary restraining order,7

b. support pendente lite,8

c. inspection of accounts, freeze order and restriction of travel under

d. inspection and production orders under the Rule on the Writ of

e. seizure and sequestration of accounts and assets under the Human

f. hold departure order,13

g. temporary protection order under the Anti Violence Against Women

h. environmental protection order (EPO) and temporary environmental

GUIDELINES ON HOW TO FIX BONDS

WHEN DAMAGES MAY BE RECOVERED FROM THE BOND

• The recovery of damages from the bond on account of improper,

Where to file. Damages. The claim for damages should be

Exception - Where the principal action is dismissed for lack

prevented from rendering any judgment thereon which could

SPECIFIC CHARACTERISTICS OF PROVISIONAL REMEDIES

I. Under the 1997 Revised Rules of Court

A writ of preliminary attachment is a provisional remedy issued

2.1. To secure the satisfaction of any judgment that may be

2.2. To secure a contingent lien on defendant’s property until plaintiff

The writ issued is executed by a sheriff attaching and safely

4. Nature and Scope: Attachment purely statutory

Attachment, as a provisional remedy, is purely a statutory one. It

5. Strict compliance with the rule

The rule on the issuance of a writ of attachment must be

Rationale behind rule:

A preliminary attachment is a rigorous remedy which exposes

6. Attachment to acquire jurisdiction over the res

Attachment is intended to confer jurisdiction by the court over

When the case instituted is an action in rem or quasi in rem,

Thus, in such instance, extraterritorial service of summons can

On the other hand, when the defendant or respondent does not

7. Stages in the issuance of the writ