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

Not applicable.

Discharge of remedy

Filing of counter-bond made only upon

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

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

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 Interpleader Declaratory Relief Certiorari Certiorari Prohibition Quo Warranto Expropriation Foreclosure of Real Partition Forcible Detainer Contempt
(COMELEC and Mandamus Estate Mortgage Entry
COA)
Purpose Compel conflicting Declaration of rights and
claimants to litigate duties (reformation of Division of Protect
their claims among instrument, quieting of Taking of private property Satisfy creditor based real property judicial
themselves title, consolidation of Correcting errors of jurisdiction Remove a usurper for public use upon security among the Recover possession in fact system from
ownership) parties unwarranted
claiming intrusion
rights thereto
Requisites Conflicting claims Person has interest under Judgment or final order Certiorari: A person usurps, Property owned by a A person owes Real A person A person Direct
exist upon the same a deed, will, contract or has been rendered by intrudes into, or private party another a loan property is enjoys lawful lawfully contempt:
subject matter other written instrument the COMELEC or the Any tribunal, board or unlawfully holds or owned by possession of takes
COA officer exercising judicial exercises office, Taking by government for Loan is secured by several the property possession A person
Such claims are Person’s rights are or quasi judicial functions position, or franchise public use mortgage of real persons of the land at behaved
made upon a person affected by a statute, Aggrieved party wants has rendered judgment property Another the improperly
who claims no executive order or the judgment or final A public officer does Just compensation Person person beginning in the
interest in the subject regulation, ordinance, or order reviewed by a Such tribunal, etc. has or suffers an act Debtor defaulted in claiming acquires presence or
matter any other governmental higher court acted without or in excess which, by the payment right to the possession of Such lawful so near a
regulation of its jurisdiction provision of law, property the same possession court
constitutes a ground Final demand has does not property by has ended
No breach or violation of Prohibition: for the forfeiture of been made want co- force, Such
the rights has yet his office; ownership to intimidation, A demand to misbehavior
occurred Proceedings in a tribunal, continue threat, strategy vacate has obstructed or
corporation, board, An association acts or stealth been made interrupted
officer or person as a corporation court
exercising judicial, quasi within the proceedings
judicial or ministerial Philippines without
functions are conducted being legally Indirect
without or in excess of its incorporated or contempt:
jurisdiction without lawful
authority so to act Misbehavior
Mandamus: in
performance
When any tribunal, of official
corporation, board, functions
officer or person
unlawfully neglects Disobe-
performance of an act dience to
which the law lawful court
specifically enjoins orders
Abuse or
Common requisite: unlawful
interference
There is no appeal or any with court
plain, speedy, and processes
adequate remedy in the
ordinary course of law Improper
conduct
which tends
to impede
administratio
n of justice

Pretending
to be a
lawyer or
officer

Failure to
obey
subpoena
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Procedure 1. Complaint is filed 1. Action is brought 1. 18 copies of verified 1. Petition must be filed 1. Verified petition in 1. Verified complaint filed, 1. Complaint filed
before appropriate RTC petition shall be filed within 60 days from the name of the RP is stating right and purpose of
2. Summons served within 30 days from notice of judgment filed (Person expropriation 2. Court ascertaines
upon parties 2. All persons affected notice of the judgment claiming to be amount due to
made parties or final order 2. Court orders entitled to a public 2. Persons owning or plaintiff and renders
3. Parties files respondents to file office or position claiming to own any judgment ordering
motion to dismiss or 3. Notice to Sol Gen if 2. If motion for new comment within 10 days usurped by another interest pertaining to the defendant to pay
answers the validity of a statue, trial or recon-sideration from receipt of order may bring action in property must be joined as within a within a
complaint executive order or is allowed, period to his own name) defendants period not less than
regulation of any other file petition is 3. Court may order filing 90 days but not more
4. Pre-trial governmental regulation interrupted. If motion is of reply or other 2. Person at whose 3. Plaintiff may enter than 120 days
is involved denied, petition shall be responsive pleadings instance the petition property after filing
5. Court determines filed within remaining is brought pays costs complaint and depositing 3. If defendant fails
parties’ respective 4. Notice to prosecutor or period, in no case less 4. Court may hear the and expenses with a government to pay, foreclosure
rights and adjudicate attorney of LGU if than 5 days. case or require parties to depositary amount sale ensues
their several claims involving validity of a submit memoranda 3. Respondent is equivalent to assessed
local ordinance 3. Pay docket and other notified value of property 4. Costs deducted
Note: Docket fees lawful fees and deposit 5. Court either grants from proceeds of
paid by complainant 5. Court acts on of P500 for costs petition or dismisses the 4. Court may reduce 4. Defendants allowed to sale, mortgagee paid
constitute a lien upon application same if it finds the same periods for filing file objections amount due; if there
subject matter of the 4. SC either orders to be patently without pleadings to secure is excess in the
action 6. If during pendency of respon-dents to file merit, prosecuted most expeditious 5. Court rules on the issue proceeds, same is
action there occurs breach their comment if it manifestly for delay, or determination of of expropriation, granting turned over to
or violation, action is finds petition sufficient that the questions raised matters involved in or denying the same mortgagor
converted into an in form and substance are too insubstantial to the action
ordinary action or dismisses the require consideration 6. If expropriation is 5. If proceeds of sale
petition if it was filed 5. Judgment is granted, court appoints notis not sufficient to
manifestly for delay or 6. Certified copy of rendered. Court may more than 3 commissioners cover entire
the questions raised are judgment is served upon render judgment for indebtedness,
too unsubstantial the court, quasi-judicial costs against 7. Objections to deficiency judgment
agency, tribunal, petitioner, relator or appointment of is rendered:
5. Respondents file corporation, board, person/s claiming to commissioners may be execution
comment officer or person and be a corporation filed within ten days from immediately issues if
disobedience thereto shall service whole debt is due,
6. SC either sets case be punished as contempt. 6. Person adjudged otherwise, mortagor
for oral argument or entitled to public 8. Commissioners take oath entitled to execution
requires submission of office may demand before assuming function upon original terms
memoranda or decides of the respondent to of the contract
the case based on deliver all books and 9. Commissioners ascertain
submit-ted documents papers to him and report the just 6. Certified copy of
compensation for the final order
property confirming the sale is
registered in the
10. Clerk of court serves registry of deeds
copies of commissioners’
report to all interested
parties

11. Interested parties

allowed to file objections
within ten days

12. Court renders judgment

on the issue of just
compensation

13. Judgment is recorded in

registry of property

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Jurisdiction RTC RTC SC SC, CA, RTC, SC, CA, RTC
Sandiganbayan