CivPro - Provisional Remedies Table

PROVISIONAL REMEDIES (RULES 57 – 61)
Maria Analyn Ilagan | Block D2021 | UP College of Law
Preliminary Attachment Preliminary Injunction (R58) Receivership (R59) Replevin (R60) Support Pendente Lite (R61)
(R57)
Purpose To have property of adverse To require a party or a court, To place the property subject of To recover possession of To compel adverse party to
party attached as security for the agency or a person an action or proceeding under personal property provide support while action is
satisfaction of judgment that  To refrain from doing a the control of a third party for its pending in court
may be recovered particular act/s or preservation and administration
 To require the performance of litis pendentia
a particular act/s (preliminary
mandatory injunction)
When applied/  At the commencement of  At any stage of an action or  At any time prior to  At the commencement of  At the commencement of
granted the action or proceeding, prior to the satisfaction of judgment the action or the proper action/
 At any time prior to the J/FO  At any time before answer proceeding or
entry of judgment is filed  At any time prior to J/FO
Grounds for Plaintiff or any proper party  Applicant is entitled to the  From the verified application Applicant must show by his own May be filed by any party
application  Action for recover of a relief, and the whole or part + other proof as may be affidavit or that of some other through verified application:
specified amount of money consists in: required by court, (1) that person who personally knows the  Stating the grounds for the
or damages, other than o Restraining the the applicant has an interest facts: (all must concur) claim + financial conditions
moral and exemplary, on a commission of the in the property/fund, and  That the applicant is the of both parties
COA arising from any of the act/s complained of (2) that the property/fund is owner of the property,  Accompanied by affidavits,
5 sources of obligation, o Requiring the in danger of being lost, particularly describing it, or depositions, or other
against a party who is about performance of act/ removed, or destroyed is entitled to its possession; authentic documents
to depart from PH with (limited time or unless a receiver is  That the property is
intent to defraud his perpetually) appointed to preserve it wrongfully detained by the
creditors  Commission, continuance, or  In an action by the adverse party + cause of
 Action for money or property non-performance of act/s mortgagee for the detention according to the
embezzled or fraudulently would work injustice to foreclosure of a mortgage, best of his knowledge,
misapplied/ converted to his applicant (1) that the property is in belief, and information;
own use  Adverse part is doing, danger of being wasted/  That the property has
o By public officer, or threatening, or attempting dissipated/ materially o Not been distrained,
officer of a to do, or is procuring or injured, and that its value is or
corporation, or suffering to be done some probably insufficient to o Taken for tax
attorney, factor, act/s which would probably discharge the mortgage, or assessment, or any
broker, agent, or clerk in violation of applicant’s (3) that the parties have so fine pursuant to the
 In course of his rights, and tending to render stipulated in the mortgage law, or
employment, or the judgment ineffectual contract o Seized under writ or
o By any other person in  After judgment: execution or
a fiduciary capacity, or  When final injunction o To preserve the preliminary
o For a willful violation granted: if after trial, it property litis attachment, or
of duty appears that the applicant is pendentia o Otherwise placed
 Action to recover the entitled to the relief  the o To dispose of the under custodia legis,
possession of property court shall grant a final property according to or
unjustly or fraudulently injunction perpetually the judgment o If so seized, that it is
taken, detained, or enjoining the adverse party o To aid execution when exempt from such
converted from the commission or execution has been seizure or custody.
o When the property, or continuance of act/s or returned unsatisfied or  The actual market value of
any part thereof, has confirming the preliminary the judgment DR the property.
been concealed, mandatory injunction. refuses to apply his
removed, or disposed property in
of to prevent its being satisfaction of the
found or taken by the judgment or otherwise
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(R57)
applicant or an to carry the judgment
authorized person; into that effect
 Action against a party who  In other cases, if it appears
has been guilty of fraud in that receivership is the most
contracting the debt or convenient and feasible
incurring the obligation upon means of preserving,
which the action is brought, administering, or disposing
or in the performance of property in litigation
thereof;
 Action against a party who
has removed or disposed of
his property, or is about to
do so, with intent to defraud
his creditors
 Action against a party who
does not reside in PH, or on
whom summons may be
served by publication
How applied  File affidavits and  File verified application and  File verified application and  File affidavit and applicant’s  File verified application +
for applicant’s bond applicant’s bond; applicant’s bond bond other supporting
 If application is included in  (After which, the court shall documents; bond not
the initiatory pleading, the issue an order + required
adverse party should be corresponding writ of
served with summons replevin). Order:
together with a copy of the o Describes the
initiatory pleading and the personal property
applicant’s bond o Requires the sheriff to
take such property in
his custody
Who may o Court where action is  Only the court where the  Court where action is  Only in the court where  Court of origin and appellate
grant pending, or action/proceeding is pending action is pending court. (See Ramos v. CA)
o the CA or the SC even pending  CA or the SC even if action
if action is pending in  If action/ proceeding is is pending in the lower
the lower court. pending with CA/SC  court.
CA/SC or any of its  During pendency of appeal,
members the appellate court may
allow application for
receivership to be decided
by the court of origin, to be
subject to the control of
said court.
Grounds for Grounds for objection to, or for  Denied (or receiver
objection to motion of dissolution of (if discharged) when the
application; already granted), injunction or adverse party files a bond
denial of TRO executed to the applicant
application  Denied upon showing of its o To the effect that the
insufficiency adverse party will pay
 Denied/dissolved on other all damages that the
grounds upon affidavit of applicant may suffer by
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(R57)
the adverse party (which reason of the acts/
applicant may also oppose) omissions/ other
 Denied/dissolved if it matters specified in the
appears after hearing that application as a ground
although the applicant is for appointment
entitled to the relief, the  Receiver discharged if his
issuance/continuance appointment was obtained
thereof would cause without sufficient cause
irreparable damage to the
adverse party while the
applicant may be fully
compensated for such
damages as he may suffer
(in this case, the adverse
party files a bond)
 Modified if extent of PI/TRO
granted is too great
Where  3P claims the property +  3P claims the property +
property is makes an affidavit of his makes an affidavit of his
claimed by title to the property/ right of title to the property/ right of
third person possession, stating his possession, stating his
grounds + serves such grounds + serves such
affidavit upon sheriff while affidavit upon sheriff while
the latter is in possession of the latter is in possession of
the property and upon the property and upon
applicant … applicant …
 Sheriff shall not be bound to  Sheriff shall not be bound to
keep the property under keep the property under
replevin or deliver it to replevin or deliver it to
applicant … applicant …
 Unless applicant/agent, on  Unless applicant/agent, on
demand by sheriff, files a demand by sheriff, files a
bond approved by the court bond approved by the court
o To indemnify 3P o To indemnify 3P
o In sum not less o In sum not less
than the market than the market
value of the value of the
property property
o If there is o If there is
disagreement as to disagreement as to
value  court to value  court to
determine the determine the
same. same.
 No claim for damages for  No claim for damages for
taking/keeping of property taking/keeping of property
shall be enforced against shall be enforced against
the bond the bond
o Unless the action o Unless the action
is filed within 120 is filed within 120
D from the date D from the date
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(R57)
of the filing of the of the filing of the
bond. bond.
 Sheriff is not liable for  Sheriff is not liable for
damages, for the damages, for the
taking/keeping of property, taking/keeping of property,
to 3P, if the applicant/agent to 3P, if the applicant/agent
files the bond. files the bond.
 Nothing in this provision  Nothing in this provision
shall (in the same or shall (in the same or
separate action) separate action)
o prevent the 3P o prevent the 3P
from vindicating from vindicating
his claim to the his claim to the
property, or property, or
o prevent the o prevent the
applicant from applicant from
claiming damages claiming damages
against 3P who against 3P who
filed a frivolous or filed a frivolous or
plainly spurious plainly spurious
claim claim
 If writ is issued in favor of  If writ is issued in favor of
the Republic, or any officer the Republic, or any officer
representing it, the filing of representing it, the filing of
such bond shall not be such bond shall not be
required. required.
 If sheriff is sued for  If sheriff is sued for
damages as a result of damages as a result of
replevin  OSG to replevin  OSG to
represent him + actual represent him + actual
damages to be paid by damages to be paid by
National Treasurer National Treasurer
Formal  Applicant files affidavit +  Verified application + facts  Verified application  File affidavit and applicant’s Adverse party’s comment
requirements bond showing that applicant is  Applicant files a bond bond  A copy of the application +
entitled to relief; and supporting documents must
Order of attachment shall be  Applicant files a bond, be served on adverse party
granted only when through the unless exempted by the  Adverse party has 5 D to
applicant’s affidavit or that of court. Upon payment  comment, unless a different
some person who personally court issues writ. period is allowed by court,
knows the facts:  If WPI/TRO is included in upon his motion
 That there is sufficient COA; complaint or initiatory  Comment shall be verified +
 That the case is one of pleading + if filed with accompanied by affidavits,
those grounds multiple-sala court  case depositions, or other
abovementioned; will be raffled only upon authentic documents
 That there is no other notice and in presence of
sufficient security for the adverse party/person to be
claim; enjoined.
4
(R57)
 That the amount due to the  TRO application  acted
applicant or the value of the only after all parties are
property is as much as the heard in summary hearing;
sum for which the order is SH to be conducted w/in 24
granted, above all legal H after sheriff’s return of
counterclaims. service and/or records are
received by branch
Bond Applicant’s bond  Party filing the bond shall Applicant’s bond Applicant’s bond
 Applicant to file a bond serve a copy of such bond  Applicant to file a bond  Applicant to file a bond
executed to the adverse to the other party executed to the adverse executed to the adverse
party  Other party may except to party, in case the applicant party
the sufficiency of the bond shall have procured the  In double the value of the
or of the surety/sureties appointment of a receiver property as stated in the
 If applicant’s bond is without sufficient cause affidavit
insufficient or if  Court may, in its discretion,  For the return of the
surety/sureties fail to justify at any time after the property to the adverse
such bond (and an appointment, require party if such return is
approved bond was not additional bond as further adjudged +
later filed)  injunction security for such damages.  For the payment to the
shall be dissolved. adverse party of such sum
 If adverse party’s bond is Receiver’s bond as he may recover from the
insufficient or if  Before entering upon his applicant
surety/sureties fail to justify duties, receiver shall be
such bond (and an sworn to perform them Adverse party’s bond
approved bond was not faithfully + file a bond  If adverse party objects to
later filed)  injunction executed to such person as the sufficiency of the
shall be granted or restored, the court may direct applicant’s bond or of the
as the case may be. surety/sureties  he cannot
Service of copies of bonds immediately require the
 Party filing the bond shall return of the property.
serve a copy of such bond  If adverse party does not
to the other party object to the sufficiency of
 Other party may except to
the applicant’s bond or of
the sufficiency of the bond
or of the surety/sureties the surety/sureties 
adverse party may require
Effect of disapproval of bond the return of the property
 If applicant’s bond is o By filing with the
insufficient or if court, a bond
surety/sureties fail to justify executed to the
such bond (and an applicant + by serving
approved bond was not a copy of such bond
later filed)  application on applicant
denied/ receiver discharged.
5
(R57)
 If adverse party’s bond is o In double the value
insufficient or if of the property as
surety/sureties fail to justify stated in the affidavit
such bond (and an o For the delivery of the
approved bond was not property to the
later filed)  receiver applicant if such
appointed/ re-appointed. delivery be adjudged
+
o For payment of such
sum to him as may be
recovered against the
adverse party
Notice &  No levy can be enforced  Notice to adverse party:
summons unless it is preceded or preceded or
contemporaneously contemporaneously
accompanied by service of accompanied by service of
summons + complaint + summons +
applicant’s affidavit + bond complaint/initiatory pleading
+ order + writ of + applicant’s affidavit +
attachment bond
When is  Personal service or  Personal service or
summons not substituted service cannot substituted service cannot
necessary be done be done
 Adverse party is a PH  Adverse party is a PH
resident but is temporarily resident but is temporarily
not within PH not within PH
 Adverse party is a  Adverse party is a
nonresident of PH nonresident of PH
Judgment  Application for damages on account of improper, irregular or excessive attachment (or other  Damages  same  If the person who has been
provisional remedy as allowed) procedure with PI. providing support pendente
o Must be filed before trial or before appeal is perfected or before judgment becomes executory  After trial, the court shall lite is not liable therefor 
o With due notice to adverse party and surety/sureties o (1) determine who court shall order the
o Setting forth the facts showing his right to damages + amount has the right to the recipient to return the
 Damages may only be awarded after proper hearing and shall be included in the judgment of main property and its value, amounts already paid +
case. o (2) render judgment legal interest from dates of
 If judgment of appellate court is in favor of adverse party  he must claim damages by filing an in the alternative: (a) actual payment
application with the appellate court, with notice to applicant, before the judgment becomes for the delivery to the o Without prejudice to
executory. party entitled to the right of the recipient
o Appellate court may allow application to be heard and decided by TC. same, or (b) for the to obtain
 Nothing herein shall prevent the adverse party from recovering in the same action the damages value of the same if reimbursement in a
awarded to him from any party of the applicant not exempt from execution, should the bond or delivery cannot be separate action from
deposit given by the latter be insufficient or fail to fully satisfy the award. made, and person legally
 Damages  same procedure with PI.
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(R57)
 Damages  same procedure with PI. o (3) for damages as obliged to give
either party may support
prove, with costs.  Should recipient fail to
return the amounts 
person who provided the
amount may also seek
reimbursement in a
separate action from the
person legally obliged to
give support
Miscellaneous  See notes below.  GR: No PI shall be granted General powers of receiver, Duties of sheriff Hearing
w/out hearing + notice. subject to the control of the  Serve on the adverse party:  After comment is filed or
 EX: If it appears from the court in which the action/ copy of the order + copy of expiration of period for its
affidavit/verified app that proceeding is pending the application, affidavit, filing  hearing to be
great/irreparable injury  To bring and defend, in and bond conducted not more than 3
would result to applicant such capacity, actions in his  Take the property D thereafter
before hearing  Court own name  Retain the property in his  Facts in issue shall be
may issue ex-parte a TRO  To take and keep custody proved in the same manner
(effective only for 20 D from possession of the property  If property is concealed in as is provided for evidence
service on adverse party,  To receive rents building/ enclosure  he on motions
except as herein provided).  To collect debts due to must demand its delivery
 W/in 20 D period, court himself as receiver, or to o If not delivered  Order. The court:
must (1) order adverse the fund, property, estate, he must cause the  Shall determine provisionally
party to show cause why person, or corporation building/ enclosure the pertinent facts
injunction should not be  To compound for and to be broken open  Shall render orders as
granted, and (2) determine compromise the same and take the justice and equity may
w/n PI shall be granted, and  To make transfers property require, having due regard
(3) accordingly issue the  To pay outstanding debts  Keep the property in a to the probable outcome of
order.  To divide the money and secure place the case and other
 However, if the matter is of other property that shall  Be responsible for its circumstances
extreme urgency and the remain among the persons delivery to the party entitled  If application is granted:
applicant will suffer grave legally entitled to receive thereto (upon his receipt of o The court shall fixe
injustice + irreparable injury the same his fees and necessary the sum to be
 Exec Judge of multiple-  To do such acts respecting expenses) provisionally paid or
sala court or Presiding the property as the court  (Return of papers): Sheriff such other forms of
Judge of single-sala court may allow must file the order, with his support as should be
may issue ex-parte a TRO proceedings thereon, with provided, …
effective for 72 H from  Funds in the hands of the the court, within 10 D after o Taking into account
issuance (and immediately receiver may only be taking the property. (1) the necessities of
comply with service of invested by order of the the applicant,
summons). court, upon written consent Disposition of property by (2) the resources/
 W/in 72 H period, court of all parties sheriff means of the
shall conduct a summary adverse party, and
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(R57)
hearing to determine w/n  No action may be filed by or  The property shall be (3) the terms of
the TRO shall be extended against a receiver, without delivered to the applicant, if payment/ mode for
until the application for PI leave of court which within 5 D from the sheriff’s providing support.
hearing. In no case shall the appointed him. taking of the property:  If application is denied:
TRO exceed 20 D, including o The adverse party o The principal case
the 72 H. Liability for refusal or neglect does not object to shall be tried and
 If the application for PI is to deliver property to the sufficiency of decided as early as
denied or not settled w/in receiver the applicant’s bond possible.
said period  TRO  A person who or of the
automatically vacated; not refuses/neglects, upon surety/sureties; or Enforcement of order
extendible w/out need of reasonable demand, to o The adverse party  If adverse party fails to
judicial declaration to that deliver to the receiver, so objects and the comply with the order
effect; cannot be renewed  All the property, books, court affirms the granting support  court
or extended by any court on deeds, notes, bills, approval of the shall,
the same ground it was documents, and papers applicant’s bond or o motu proprio or on
issued within his power or control approves a new motion,
 However, if issued by CA or  Subject of the action/ bond; or o issue an order of
any member thereof  TRO proceeding or in case of o The adverse party execution
is effective for 60 D from disagreement, as requires the return o without prejudice to
service; if issued by SC  determined and ordered by of the property, but his liability for
TRO is effective until further the court his bond is objected contempt.
orders  May be punished for to and found  If adverse party refuses or
 CA/SB/CTA that issued a contempt + shall be liable insufficient and he fails to give support
WPI against a lower court, to receiver for the money or did not file an pendente lite  any 3P who
board, officer, QJA  shall the value of the property + approved bond. furnished support to the
decide the main case or damages  If for any reason, the applicant may
petition w/in 6 M from the property is not delivered the o After due hearing
issuance. Termination of receivership; applicant, the property must and notice in the
 compensation of receiver be returned the adverse same case
 Motu proprio or by motion party. o Obtain a writ of
of either party  when the execution
court shall determine that o To enforce his right
the necessity for receiver no of reimbursement
longer exists, … against the adverse
 Court shall, after due notice party
to all parties
 (1) settle the accounts of Support in criminal cases
the receivership;  In crim cases where the civil
 (2) direct the delivery of the liability includes support for
funds and other property in the offspring as a
the receiver’s possession to consequence of the crime +
the person adjudged to be  The civil aspect has not
entitled to receive them; been waived, reserved, or
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(R57)
 (3) order the discharge of instituted prior to the filing
receiver; of the criminal case,
 (4) allow the receiver such  The accused may be
reasonable compensation as ordered to provide support
circumstances may allow – pendente lite
taxed as costs against  To the child born to the
defeated party, or offended party because of
apportioned, as justice the crime.
requires  Application may be filed
successively by: (1)
offended party, (2) her
parents, (3) grandparents,
(4) guardian, or (5) State;
in the corresponding
criminal case during its
pendency.
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PRELIMINARY ATTACHMENT
Issuance and contents of order

 Order of attachment may be issued either (1) ex parte, or (2) upon motion with notice + hearing
o Order must require the sheriff to attach so much of the property of the adverse party not exempt from execution as may be sufficient to satisfy the applicant’s demand, …
o Unless adverse party makes a deposit or submits a counter-bond in an amount equal to that fixed in the order
 Which may be the amount sufficient to satisfy applicant’s demand or value of the property, exclusive of costs
 Several writs may be issued at the same time to the sheriffs of different judicial regions.
Manner of attaching property

 Sheriff shall only attach such property not exempt from execution and as may be sufficient to satisfy applicant’s demand
o Unless adverse party makes a deposit or submits a counter-bond
Sheriff’s return
 After enforcement of writ  sheriff must return the writ to the court + full statement of his proceedings under the writ + complete inventory of property attached + counterbond if any
 Sheriff must serve copies of the return to the applicant
Attachment of real/personal property (see Sec. 7)

 Real properties  file the copy of the order with Register of Deeds + description of property + notice that the property is attached; leave a copy of the order, description, and notice with occupant
of the property or with another person/agent if found within the province
 Personal property capable of manual delivery  fake and safely keep the same, and issue receipt
 Stocks or shares  leave with the president/ managing agent a copy of writ + notice that the property is attached
 Debts, credits, other personal property not capable of manual delivery  leave with the person owing such debt, or having in his possession/ control such property a copy of the writ + notice that
the property is attached
 Interest in estate of a decedent, whether as heir, legatee, or devisee  leave with the executor/ administrator of the estate a copy of writ + notice that property is attached; writ shall also be filed
with court where estate is being settled
Property in custodia legis  file writ with court or QJA + notice of attachment upon custodian
Effect of attachment of debts, credits, and all other similar property

 Party who is in possession of these property shall be liable to the applicant for the amount of such property
o until the attachment is discharged, or any judgment recovered by him is satisfied
o unless such property is delivered or transferred, or such debts are paid to the clerk, sheriff, or other proper officer of the court issuing the attachment
Effect of attachment of interest in property belonging to estate of a decedent

 Attachment shall not impair the powers of the executor/ administrator/ other representative of the decedent for the purpose of administration.
 Such representation shall report the attachment to the court when any petition for distribution is filed
o Order for such petition: distribution may be awarded to the heir, legatee, or devisee
 But the property attached shall be ordered delivered to the sheriff, subject to the claim of such heir legatee, or devisee
Examination of party whose property is attached, and persons indebted to him or controlling his property; delivery of property to sheriff
 Any person owing debts to the applicant or any person in whose control/ possession there is credit/ personal property in favor of the applicant
o May be required to attend before the court or a commissioner to be examined for the same.
 Applicant may also be required to attend for the same purpose; he may be examined on oath.
 After such examination, property capable of manual delivery (in possession of the third person abovementioned) may be ordered to be delivered to the clerk or sheriff.
When attached property may be sold after levy on attachment and before entry of judgment
 Upon hearing with notice to both parties, it is found that:
o The property attached is perishable, or
o That the interests of the parties will be subserved by the sale of the property
 Court may order the public auction of the property.
Discharge or attachment upon giving counter-bond
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 After writ of attachment is enforced, adverse party/ agent may move for the discharge of the property in whole or in part.
 Court shall, after due notice + hearing, order the discharge:
o If movant makes a cash deposit; or
o If movant files a counter-bond.
 If attachment is sought to be discharged with respect to a particular property  counter-bond = value of that property as determined by court.
 Cash deposit/ counter-bond shall secure the payment of any judgment that the applicant may recover.
 Notice of deposit shall be given to the applicant.
 Upon discharge of the attachment:
o The property or the proceeds from its sale  shall be delivered to the party making the cash deposit/ counter-bond or his agent.
o In this case, the cash deposit/ counter-bond stands in the place of the property so released.
 If cash deposit/ counter-bond is insufficient + party fails to file additional counter-bond  applicant may file for a new order of attachment.
Discharge of attachment on other grounds

 Adverse party may file a motion with court
o Before or after levy, or
o After release of the attached property ‘
o For an order to set aside or discharge the property
o Grounds:
 The same was improperly or irregularly enforced; or
 The bond is insufficient.
 If attachment is excessive  discharge shall be limited to excess.
 If motion is through adverse party’s affidavits  the applicant may oppose by filing counter-affidavits or other evidence in addition to that on which the attachment was made.
 After due notice and hearing, court shall order that the attachment be discharged if it appears:
o That it was improperly or irregularly issued or enforced; or
o That the bond is insufficient; or
o That the attachment is excessive; and
o The defect is not cured therewith.
Satisfaction of judgment out of property attached; return of sheriff

 If judgment be recovered by applicant and execution issue thereon, the sheriff may cause the judgment to be satisfied out of the property attached, if it be sufficient for that purpose in the following
manner:
o (a) By paying to the judgment oblige
 the proceeds of all sales of perishable or other property sold,
 or so much as shall be necessary to satisfy the judgment;
o (b) If any balance remains due,
 by selling so much of the property, real or personal, as may be necessary to satisfy the balance,
 if enough for that purpose remain in the sheriff's hands, or in those the clerk of the court;
o (c) By collecting from all persons having in their possession credits belonging to the judgment obligor, or owing debts to the latter
 at the time of the attachment of such credits or debts,
 the amount of such credits and debts as determined by the court in the action, and stated in the judgment, and
 paying the proceeds of such collection over to the judgment obligee.
 The sheriff shall forthwith make a return in writing to the court of his proceedings under this section and furnish the parties with copies thereof. (15a)
Balance due collected upon an execution; excess delivered to judgment obligor.

 If after realizing upon all the property attached,
o including the proceeds of any debts or credits collected,
o and applying the proceeds to the satisfaction of the judgment less the expenses of proceedings upon the judgment
o any balance shall remain due, the sheriff must proceed to collect such balance as upon ordinary execution.
 Whenever the judgment shall have been paid,
o the sheriff, upon reasonable demand, must return to the judgment obligor
o the attached property remaining in his hands, and any proceeds of the sale of the property attached not applied to the judgment. (16a)
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Recovery upon the counter-bond.

 When the judgment has become executory,
o the surety or sureties on any counter-bond given pursuant to the provisions of this Rule
o to secure the payment of the judgment
o shall become charged on such counter-bond and
o bound to pay the judgment obligee upon demand the amount due under the judgment,
o which amount may be recovered from such surety or sureties after notice and summary hearing in the same action. (17a)
Disposition of money deposited.

 Where the adverse party has deposited money instead of giving counter-bond,
o it shall be applied under the direction of the court
o to the satisfaction of any judgment rendered in favor of applicant,
o and after satisfying the judgment the balance shall be refunded to the depositor or his assignee.
 If the judgment is in favor of the adverse party, the whole sum deposited must be refunded to him or his assignee. (18a)
Disposition of attached property where judgment is for party against whom attachment was issued
 If judgment be rendered against the applicant
o all the proceeds of sales and money collected or received by the sheriff, under the order of attachment,
o and all property attached remaining in any such officer's hands, s
o hall be delivered to the adverse party, and the order of attachment discharged. (19a)
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PROVISIONAL REMEDIES (RULES 57 – 61)

Maria Analyn Ilagan | Block D2021 | UP College of Law

Issuance and contents of order

Manner of attaching property

Attachment of real/personal property (see Sec. 7)

Effect of attachment of debts, credits, and all other similar property

Effect of attachment of interest in property belonging to estate of a decedent

Discharge or attachment upon giving counter-bond

Discharge of attachment on other grounds

Satisfaction of judgment out of property attached; return of sheriff

Balance due collected upon an execution; excess delivered to judgment obligor.

Recovery upon the counter-bond.

Disposition of money deposited.

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