PROVISIONAL REMEDIES

Introduction

- Definition; nature; purpose of Provisional Remedies

Rule 57 – Preliminary Attachment

- Definition; nature of the remedy by case law

- Who may avail
- When to avail
- Grounds for its issuance
- Requisites for its issuance
- Properties that may be attached
- How to discharge an attachment
- Effects of discharge of an attachment

Rule 58 – Preliminary Injunction

- Definition; issued against whom

- Mandatory vs prohibitory
- Grounds for the issuance
- Requisites for the issuance
o Application + Bond + Notice and Hearing
- TRO
o grounds thereof
o how issued; duration (20 days and 72hrs explained)
o duration of TRO by CA and SC
- examples: when injunction can be availed of
- grounds for objection / dissolution of prelim. Injunction

Rule 59 – Receivership

- definition
- purpose
- when to file
- requisites for application
- powers of a receiver
- examples of receivership

Rule 60- Replevin

- definition
- nature
- replevin vs prelim attachment (table/chart)
- requisites for its issuance
- when to file
- judgment in replevin suit
o alternative options: to deliver or pay if delivery impossible
Rule 61 – Support Pendente Lite

- definition
- who may avail
- when can one avail
- procedure
- enforcement
- restitution

Miscellaneous Provisional Remedies

- Writ of Amparo Petition

o Enumeration of what prov. rems. can be availed of
- Human Security Act
o Enumeration of what prov. rems. can be availed of
- RA 8369: Act establishing family courts x x x family cases
o Enumeration of what prov. rems. can be availed of
- VAWC
o Enumeration of what prov. rems. can be availed of
- Anti-Money Laundering Act
o Enumeration of what prov. rems. can be availed of
- RPECs
o Enumeration of what prov. rems. can be availed of