SUMMARY OF BASICS RE PROVISIONAL

REMEDIES
Provisional remedies are pre-judgment or pre-trial court orders intended to
preserve the status quo until the court issues a final judgment.

DEFINITION GROUNDS PURPOSE COURT

WHICH CAN
GRANT
1. Preliminary A provisional a. In an action for the As security for Supreme
Attachment remedy issued upon recovery of a specified the satisfaction Court, Court
(Rule 57) order of the court amount or damages, other of any of Appeals,
where an action is than moral and exemplary, judgment that Regional Trial
pending to be on a cause of action may be Court, Family
levied upon the arising from law, contract, recovered by Court,
property or quasi-contract, delict or the claimant Metropolitan,
properties of the quasi-delict against a party Municipal and
adverse party who is about to depart Municipal
therein, the same to from the Philippines with Circuit Trial
be held thereafter intent to defraud his Courts
by the sheriff as creditors;
security for the b. In an action for money
satisfaction of or property embezzled or
whatever judgment fraudulently misapplied or
might be secured in converted to his own use
said action by the by a public officer, or an
attaching party officer of a corporation, or
against the adverse an attorney, factor, broker,
party 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;
c. In an action to recover
the possession of property
unjustly or fraudulently
taken, detained or
converted, when the
property, or any part
thereof, has been
concealed, removed or
disposed of to prevent its
being found or taken by
 the applicant or an
authorized person;
d. In an action against a
party who has been guilty
of fraud in contracting the
debt or incurring the
obligation upon which the
action is brought, or in the
performance thereof;
e. In an action against a
party who has removed or
disposed of his property,
or is about to do so, with
intent to defraud his
creditors;
f. In an action against a
party who does not reside
and is not found in the
Philippines, or on whom
summons may be served
by publication (Section 1)
2. Preliminary An order granted at a. That the applicant is To preserve Supreme
Injunction (Rule any stage of an entitled to the relief the status quo Court, Court
58) action or demanded, and the whole or to resolve of Appeals,
proceeding prior to or part of such relief the last Regional Trial
the judgment or consists in restraining the uncontested Court, Family
final order, commission or status quo Court,
requiring a party or continuance of the act or Metropolitan,
a court, agency or a acts complained of, or in Municipal and
person to refrain requiring the performance Municipal
from a particular of an act or acts, either for Circuit Trial
act or acts. It may a limited period or Courts
also require the perpetually;
performance of a b. That the commission,
particular act or continuance or non-
acts, in which case performance of the act or
it shall be known as acts complained of during
a preliminary the litigation would
mandatory probably work injustice to
injunction (Section the applicant; or
1) c. That 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
(Section 3)
3. Temporary An order which a. Matter is of extreme To prevent Supreme
Restraining may issue upon the urgency; and grave injustice Court, Court
Order (TRO) filing of an b. The applicant will and irreparable of Appeals,
application for suffer grave injustice and injury to the Regional Trial
preliminary irreparable injury before applicant Court, Family
injunction the matter can be heard on before the Court,
forbidding the notice application for Metropolitan,
defendant to do the a writ of Municipal and
threatened act until preliminary Municipal
a hearing on the injunction can Circuit Trial
application can be be acted upon Courts
had
4. Receivership Provisional remedy a. When it appears from To preserve Supreme
by which the court the verified application, the property Court, Court
appoints a receiver and such other proof as during the of Appeals,
as its representative the court may require, that pendency of Regional Trial
and in behalf of all the party applying for the the litigation Court, Family
the parties to an appointment of a receiver or to dispose Court,
action for the has an interest in the of it according Metropolitan,
purpose of property or fund which is to the Municipal and
preserving and the subject of the action or judgment Municipal
conserving the proceeding, and that such when it is Circuit Trial
property in property or fund is in finally Courts
litigation and to danger of being lost, rendered or
prevent possible removed, or materially otherwise to
wastage or injured unless a receiver carry the
dissipation or be appointed to administer judgment into
otherwise to carry and preserve it; effect
the judgment into b. When it appears in an
effect 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.
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 and the receiver
appointed to be subject to
the control of said court.
5. Replevin Court orders the a. Applicant is the owner To prevent the Regional Trial
seizure of chattels of the property claimed, subject Court, Family
or goods claimed particularly describing it, property from Court,
by a party as his or is entitled to the being disposed Metropolitan,
which are allegedly possession thereof; of during the Municipal, and
wrongfully taken or b. The property is pendency of Municipal
detained by another wrongfully detained by the case Circuit Trial
person and to be the adverse party, alleging Courts
delivered to the the cause of detention
former to be thereof according to the
retained by him best of his knowledge,
during the information and belief;
c. The property has not
 pendency of the been distrained or taken of
action 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;
d. The actual market value
of the property.
6. Order issued by a When equity and justice
Support Pendente court in which an may require having due
Lite action for support regard to the probable
has been filed outcome of the case and
fixing an amount of such other circumstances
support to be given as may suggest the
by the adverse reasonability of granting
party to the support pendente lite
applicant during the
pendency of the
case