Remedial Law Review 1 THQ October 22, 2019

What are the provisional remedies under the rules?

II

JK’s real property is being attached by the sheriff in a civil action for damages against LM. JK claims
that he is not involved in said case; and that he is the sole registered owner of said property. Under the Rules
of Court, what must JK do to prevent the sheriff from attaching his property?

III

Distinguish attachment rom garnishment.

IV

In a case, the property of an incompetent under guardianship was in custodia legis. Can it be attached?
Explain.

May damages be claimed by a party prejudiced by a wrongful attachment even if the judgment was
adverse to him? Explain.

VI

(A) May a preliminary attachment be issued ex parte? Briefly state the reason(s) for your answer.
(B) May a writ of preliminary injunction be issued ex parte?

VII

The plaintiff obtained a writ of preliminary attachment upon a bond of P1 million. The writ was levied
on the defendant‘s property, but it was discharged upon the posting by the defendant of a counter bond in the
same amount of P1 million. After trial, the court rendered judgment finding that the plaintiff had no cause of
action against the defendant and that he had sued out the writ of attachment maliciously. Accordingly, the
court dismissed the complaint and ordered the plaintiff and its surety to pay jointly to the defendant P1.5
million as actual damages, P0.5 million as moral damages and P0.5 million as exemplary damages. Evaluate
the soundness of the judgment from the point of view of procedure.

VIII

A default judgment was rendered by the RTC ordering D to pay P a sum of money. The judgment
became final, but D filed a petition for relief and obtained a writ of preliminary injunction staying the
enforcement of the judgment. After hearing, the RTC dismissed D’s petition, whereupon P immediately moved
for the execution of the judgment in his favor. Should P’s motion be granted? Why?

IX

Katy filed an action against Tyrone for collection of the sum of P1 million in the Regional Trial Court,
with an ex parte application for a writ of preliminary attachment. Upon posting of an attachment bond, the
court granted the application and issued a writ of preliminary attachment. Apprehensive that Tyron might
withdraw his savings deposit with the bank, the sheriff immediately served a notice of garnishment on the bank
to implement the writ of preliminary attachment. The following day, the sheriff proceeded to Tyrone‘s house
and served him the summons, with copies of the complaint containing the application for writ of preliminary
containing the application for writ of preliminary attachment, Katy‘s affidavit, order of attachment, writ of
preliminary attachment and attachment bond. Within fifteen (15) days from service of the summons, Tyrone
filed a motion to dismiss and to dissolve the writ of preliminary attachment on the following grounds: (i) the
court did not acquire jurisdiction over his person because the writ was served ahead of the summons; (ii) the
writ was improperly implemented; and (iii) said writ was improvidently issued because the obligation in
question was already fully paid. Resolve the motion with reasons.

After his properties were attached, defendant Porfirio filed a sufficient counterbond. The trial court
discharged the attachment. Nonetheless, Porfirio suffered substantial prejudice due to the unwarranted
attachment. In the end, the trial court rendered a judgment in Porfirio‘s favor by ordering the plaintiff to pay
damages because the plaintiff was not entitled to the attachment. Profirio moved to charge the plaintiff‘s
attachment bond. The plaintiff and his sureties opposed the motion, claiming that the filing of the counterbond
had relieved the plaintiff‘s attachment bond from all liability for the damages. Rule on Porfirio‘s motion. (4%)

XI

The writ of execution was returned unsatisfied. The judgment obligee subsequently received
information that a bank holds a substantial deposit belonging to the judgment obligor. If you were the counsel
of the judgment obligee, what steps would you take to reach the deposit to satisfy the judgment? (3%)

XII

What is a TRO?

XIII

An application for a writ of preliminary injunction with a prayer for a temporary restraining order is
included in a complaint and filed in a multi-sala Regional Trial Cout (RTC) consisting of Branches 1, 2, 3, and
4. Being urgent in nature, the Executive Judge, who was sitting in Branch 1, upon the filing of the aforesaid
application, immediately raffled the case in the presence of the judges of Branches 2, 3, and 4. The case was
raffled to Branch 4 and the judge thereof immediately issued a temporary restraining order. Is the temporary
restraining order valid? Why?

XIV

May a writ of preliminary injunction be issued ex parte? Why?

XV

Can a suit for injunction be aptly filed with the Supreme Court to stop the President of the Philippines
from entering into a peace agreement with the National Democratic Front?

XVI

What are the requisites for the issuance of (a) a writ of preliminary injunction; and (b) a final writ of
injunction?

XVII

May the Regional Trial Court issue injunction without bond?

XVIII

(A) What is the duration of a TRO issued by the Executive Judge of a Regional Trial Court?
(B) Differentiate a TRO from a status quo order.