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Supreme Court Benchbook Provisional Remedies PDF
Supreme Court Benchbook Provisional Remedies PDF
PROVISIONAL REMEDIES
Rita Linda Ventura - Jimeno
DEFINITION
a. Interim
b. Ancillary
Remedies which are mere incidents in, and are dependent upon, the
result of the main action.3
c. Provisional
A. In Civil Cases
1
Silangan Textile Manufacturing Corporation, et al. v. Demetria, G.R. No. 166719, March 12,
2007, 518 SCRA 160, citing Feria Noche, Civil Procedure Annotated (2001 Ed.), p. 261.
2
Cootauco v. Court of Appeals, G.R. No. 56565, June 16, 1988, 162 SCRA 122.
3
Silangan Textile Manufacturing Corporation, et al. v. Demetria, supra note 1, citing Regalado,
Remedial Law Compendium, Vol. 1 (7th Ed.), p. 606.
4
Buyco v. Baraquia, G.R. No. 177486, December 21, 2009, 608 SCRA 699, citing Regalado,
Remedial Law Compendium, Vol. 1 (7th Ed.), p. 606.
C-1
PROVISIONAL REMEDIES
A. Temporary Protection Order under the Anti Violence Against Women and
their Children Act (Republic Act No. 9262)
B. Provisional Remedies under the Human Security Act of 1997 (Rep. Act
No. 9372)
3. Restriction of Travel
C. Protective Order under the Anti-Child Pornography Act of 2009 (Rep. Act
No. 9775)
D. Freeze Order under the Anti-Money Laundering Act of 2001 (Rep. Act No.
9194) as Amended by Rep. Act No. 9160
E. Protection Orders for victims and witnesses under the Philippine Act on
Crimes Against International Humanitarian Law, Genocide, and Other
Crimes Against Humanity (Rep. Act No. 9851)
5
REVISED RULES OF CRIMINAL PROCEDURE, Rule 127, Sec. 1.
C-2
PROVISIONAL REMEDIES
A. Provisional Remedies under the Rule on the Writ of Amparo (A.M. No. 07-
9-12-SC)
2. Inspection Order
3. Production Order
1. Stay Order
2. Receivership
C. Provisional Remedies under the Rule on Provisional Orders (A.M. No. 02-
11-12-SC)
1. Spousal Support
2. Child Support
3. Child Custody
4. Visitation Rights
6. Order of Protection
C-3
PROVISIONAL REMEDIES
COMMON REQUIREMENTS
6
For a full discussion on the Rules of Procedure for Environmental Cases, see Section on
Environmental Law.
7
RULES OF COURT, Rule 58.
8
Id., Rule 61.
9
Rep. Act No. 9372 [2007].
10
Rep. Act No. 9194 [2003].
11
AM 02-11-12-2003-03-15.
12
Rep. Act No. 9372, Sec. 39.
13
Circular 39-97.
14
Rep. Act No. 9262 [2004].
C-4
PROVISIONAL REMEDIES
All applications for bail/judicial bonds, before their approval by the judge
concerned, shall be coursed thru the Clerk of Court or his duly authorized
personnel, who shall see to it that the bond is in order. In accepting a surety
bond, the Clerk of Court should see to it that all the requisites are complied with,
otherwise, the bond should be rejected. Every bond shall be accompanied by a
clearance from the Supreme Court showing that the company concerned is
qualified to transact business which is valid only for thirty (30) days from the date
of its issuance.16
Concededly, the duty rests with the Clerk of Court to ascertain that the
bond is in order and all the requisites are complied with. Nevertheless, the judge
is also bound to review the documents before approving the same.17
When to file. The application for recovery must be filed with the trial
court before appeal is perfected. Or, it may also be filed before the
judgment becomes executory, with due notice to the attaching party
and his surety or sureties, setting forth the facts showing his right to
damages and the amount thereof.19
15
A.M. 09-6-8-SC.
16
Judicial Audit and Physical Inventory of Confiscated Cash, Surety and Property Bonds at the
Regional Trial Court of Tarlac City, Branches 63, 64 and 65, (OCA-IPI No. 04-7-358-RTC), July
22, 2005.
17
Id.
18
RULES OF COURT, Rule 58, Sec. 8; Rule 59, Sec. 9; Rule 60, Sec.10.
19
Id., Rule 57, Sec. 20.
20
Cruz v. Manila Surety & Fidelity Co., Inc., et al., G.R. No. 5268, 92 Phil. 699 (1953).
C-5
PROVISIONAL REMEDIES
21
Santos v. Court of Appeals, et al., 95 Phil. 360 (1954).
C-6
PROVISIONAL REMEDIES
A. Attachment
1. Definition
2. Purpose
2.3. To enable the court to acquire jurisdiction over the action by the
actual or constructive seizure of the property in those instances where
personal service of summons on the creditor cannot be effected.26
3. How implemented
C-7
PROVISIONAL REMEDIES
the record of the Register of Deeds a copy of the order with a notice
and a description of the property attached, to an extent as may be
sufficient to satisfy the plaintiff’s demands.27
27
Gruenberg v. Court of Appeals, G.R. No. 45948, September 10, 1985, 138 SCRA 471;
Guzman v. Catolica, 65 Phil. 257 (1937).
28
U.S. v. Namit, 38 Phil. 926 (1918). The word “statutory” included the RULES OF COURT at the
time of the promulgation of this case.
29
General v. De Venecia, 78 Phil. 780 (1947).
30
Gruenberg v. Court of Appeals, supra note 27.
31
Dy v. Enage, G.R. No. 35351, March 17, 1976, 70 SCRA 96.
32
Philippine Bank of Communications v. Court of Appeals and Filipinas Textile Mills Inc., G.R.
No. 119723, February 23, 2001, 352 SCRA 616; Philippine Bank of Communications v. Court of
Appeals and Bernardo Villanueva, G.R. No. 115678, February 23, 2001, 352 SCRA 616.
C-8
PROVISIONAL REMEDIES
33
Sievert v. Court of Appeals, G.R. No. 84034 December 22, 1988, 168 SCRA 692; Spouses
Salgado v. Court of Appeals, supra note 25; Salas v. Adil, G.R. No. 46009, May 14, 1979, 90
SCRA 121.
34
Mabanag v. Gallemore, 81 Phil. 254 (1948).
35
Perkin Elmer Singapore PTE Ltd. v. Dakila Trading Corporation, G.R. No. 172242, August 14,
2007, 530 SCRA 170.
C-9
PROVISIONAL REMEDIES
7.2 . The writ of attachment issues pursuant to the order granting the
the application; and
8. Procedure
36
Torres, et al. v. Satsatin, et al., supra note 23; Mangila v. Court of Appeals, supra note 22,
citing Cuartero v. Court of Appeals, G.R. No. 102448, August 5, 1992, 212 SCRA 260.
37
RULES OF COURT, Rule 57, Sec. 1.
38
Id., Sec.1 (a).
39
K.O. Glass Construction Co. Inc. v. Valenzuela, G.R. No. 48756 September 11, 1982, 116
SCRA 568.
40
RULES OF COURT, Rule 57, Sec 1 (b).
41
Id., Sec. 1 (c).
C-10
PROVISIONAL REMEDIES
42
Id., Sec. 1 (d).
43
Metro Inc., et al. v. Lara’s Gifts and Decors, Inc., G.R. No. 171741, November 27, 2009, 606
SCRA 175, citing Liberty Insurance Corporation v. Court of Appeals, G.R. No. 104405, 13 May
1993, 222 SCRA 37.
44
RULES OF COURT, Rule 57, Sec. 1 (e).
45
Id., Sec. 1 (f).
46
Id., Sec 2.
47
Id.
48
Uy, et al. v. Court of Appeals, G.R. No. 95550, November 23, 1992, 215 SCRA 859.
C-11
PROVISIONAL REMEDIES
Contents of affidavit52
49
Supra note 47.
50
RULES OF COURT, Rule 57, Secs. 2 and 5.
51
Id., Sec. 2.
52
Id., Sec. 3.
53
La Granja Inc. v. Samson, 58 Phil. 378 (1933).
54
Guzman v. Catolica, supra note 27; Jardine Manila Finance, Inc. v. Court of Appeals, G.R. No.
55272, April 10, 1989, 171 SCRA 636; K.O. Glass Construction Co., Inc. v. Valenzuela, supra
note 39.
C-12
PROVISIONAL REMEDIES
a. Summons
55
RULES OF COURT, Rule 57, Sec. 4.
56
Id., Sec. 5.
57
Id.; Davao Light & Power Co., Inc. v. Court of Appeals, G.R. No. 93262, November 29, 1991,
204 SCRA 343.
C-13
PROVISIONAL REMEDIES
A. Real property –
58
Torres, et al. v. Satsatin, et al., supra note 23.
59
RULES OF COURT, Rule 57, Sec. 5.
60
Perkin Elmer Singapore PTE Ltd. v. Dakila Trading Corporation, supra note 35.
61
RULES OF COURT, Rule 57, Sec. 7.
C-14
PROVISIONAL REMEDIES
8.6. Sheriff’s return.64 After enforcing the writ, the sheriff must likewise,
without delay, make a return thereon to the court which issued the writ,
with a full statement of his proceedings under the writ and a complete
inventory of the property attached, together with any counter-bond
given by the party against whom attachment is issued, if any, and
serve copies thereof on the applicant.
62
Solidum v. Court of Appeals, et al., G.R. No. 161647, June 22, 2006, 492 SCRA 261.
63
RULES OF COURT, Rule 57, Sec. 7.
64
Id., Sec. 6.
65
Id., Sec. 8.
C-15
PROVISIONAL REMEDIES
B. when the interests of all the parties to the action will be served
by the sale thereof.69
66
Solidum v. Court of Appeals, supra note 62.
67
Perla Compania de Seguros v. Ramolete, et al., G.R. No. 60887, November 13, 1991, 203
SCRA 487.
68
RULES OF COURT, Rule 57, Sec. 9.
69
Id., Sec. 11.
70
Id., Sec. 12.
C-16
PROVISIONAL REMEDIES
9. Jurisprudence:
9.2. When the ground relied upon in asking for preliminary attachment
is impending fraudulent removal, concealment and disposition of
defendant’s property under paragraphs (d) and (e) of Section 1, Rule
57, the court should conduct a hearing to gather facts regarding the
allegations of fraud.80
C-17
PROVISIONAL REMEDIES
9.6. Garnishment does not lie against the funds of the regular
departments or offices of the government, but funds of public
corporations are not exempt from garnishment.85
B. Preliminary Injunction
1. Definition
81
Consolidated Bank and Trust Corporation v. Intermediate Appellate Court, G.R. No. 73976,
May 29, 1987, 150 SCRA 591.
82
Biñan Steel Corporation v. Court of Appeals, G.R. No.142013, October 15, 2002, 391 SCRA
90.
83
Claude Neon Lights, Fed., Inc. v. Philippine Advertising Corporation, 57 Phil. 607 (1932).
84
Aboitiz and Co., Inc. v. Provincial Sheriff, G.R. No. 35990, June 17, 1981, 105 SCRA 88.
85
Philippine National Bank v. Pabalan, G.R. No. 33112, June 15, 1978, 83 SCRA 595.
86
Biñan Steel Corporation v. Court of Appeals, supra note 82.
87
Id.
88
RULES OF COURT, Rule 58, Sec. 1.
C-18
PROVISIONAL REMEDIES
2. Nature
89
Mirasol, et al. v. Department of Public Works and Highways and Toll Regulatory Board, G.R.
No. 158793, June 8, 2006, 490 SCRA 318, citing Urbanes, Jr. v. Court of Appeals, G.R. No.
117964, 28 March 2001, 355 SCRA 537.
90
Transfield Philippines, Inc. v. Luzon Hydro Corporation et al., G.R. No. 146717, November 22,
2004, 443 SCRA 307.
91
Bengzon v. Court of Appeals, G.R. No. 82568, May 31, 1988, 161 SCRA 745; Cootauco v.
Court of Appeals, G.R. No. 56565 June 16, 1988, 162 SCRA 122.
92
Hernandez, et al. v. National Power Corporation, G.R. No. 145328, March 23, 2006, 485 SCRA
166.
93
Administrative Circular No. 7-99.
94
28 Am. Jur.201, IV-A Vicente J. Francisco, THE REVISED RULES OF COURT OF THE PHILIPPINES
[1971], quoted in University of the Philippines v. Catungal, Jr., G.R. No. 121863, May 5, 1997,
272 SCRA 221, 236.
C-19
PROVISIONAL REMEDIES
3. Kinds 95
4. Purpose
95
Levi Strauss & Co. v. Clinton Apparel, Inc., G.R. No. 138900, September 20, 2005, 470 SCRA
236, 252.
96
Unciano Paramedical College, Inc., et al. v. Court of Appeals, et al., G.R. No. 100335, April 7,
1993, 221 SCRA 285.
97
Yujuico, et al. v. Quiambao, et al., G.R. No. 168639, January 29, 2007, 513 SCRA 243, citing
Searth Commodities Corp. v. Court of Appeals, G.R. No. 64220, March 31, 1992, 207 SCRA 622.
98
First Global Realty and Development Corporation v. San Agustin, G.R. No.144499, February
19, 2002, 377 SCRA 341.
99
Unciano Paramedical College, Inc., et al. v. Court of Appeals, et al., supra note 96.
100
Marquez, et al. v. Sanchez, et al., G.R. No. 141849, February 13, 2007, 515 SCRA 577.
C-20
PROVISIONAL REMEDIES
a. In labor cases
101
RULES OF COURT, Rule 38, Sec. 5.
102
Id., Rule 65, as amended by A.M. No. 07-7-12-SC.
103
Ollendorf v. Abrahamson, 38 Phil. 585 (1918).
104
De La Viña v. Villareal, 41 Phil. 13, 14 (1920).
105
Rodulfa v. Alfonso, 76 Phil. 225, 231 (1946).
106
Iloilo Ice and Cold Storage Co. v. Municipal Council of Iloilo, 24 Phil. 471 (1913).
107
Madrigal v. Rodas, 80 Phil. 252, 255 (1948).
108
Codesal & Ocampo v. Ascue, 38 Phil. 902 (1918).
C-21
PROVISIONAL REMEDIES
109
Associated Labor Union (ALU-TUCP) v. Borromeo, G.R. No. 75736, September 29, 1988, 166
SCRA 99.
110
LABOR CODE OF THE PHILIPPINES, Art. 218, as amended by Batas Pambansa Blg. 227 [1982],
Sec. 3.
111
Id., Art. 264.
112
Tax Reform Act of 1997, An Act Amending The National Internal Revenue Code, as Amended,
and for other purposes.
113
Id., Sec. 218.
114
Sarasola v. Trinidad, 40 Phil. 252 (1919); David v. Ramos, 90 Phil. 351 (1951).
C-22
PROVISIONAL REMEDIES
C-23
PROVISIONAL REMEDIES
119
Requiring Government Financial Institutions to Foreclose Mandatorily All Loans with
Arrearages, Including Interest and Charges Amounting to at Least Twenty (20%) Percent of the
Total Outstanding Obligation; OCA Circular No. 93-2004, in relation to RULES OF COURT, Rule
141, Sec. 21; Pres. Decree No. 385 [1974], Sec. 3; and Administrative Circular No. 07-99.
120
Sec. 2, in relation to Pres. Decree No. 385, Sec. 1; Filipinas Marble Corporation v.
Intermediate Appellate Court, G.R. No. 68010, May 30, 1986, 142 SCRA 180.
121
OCA Circular No. 93-2004, in relation to RULES OF COURT, Rule 141, Sec. 21; Pres. Decree
No. 385, Sec. 3; and Administrative Circular 07-99.
122
Filipinas Marble Corporation v. Intermediate Appellate Court, supra note 120; Government
Service Insurance System v. Court of Appeals, G.R. No. 42278, January 20, 1989, 169 SCRA
244.
123
Searth Commodities Corporation v. Court of Appeals, supra note 97; Republic of the
Philippines v. Court of Appeals, G.R. No. 107943, February 3, 2000, 324 SCRA 569.
C-24
PROVISIONAL REMEDIES
C-25
PROVISIONAL REMEDIES
131
Proclaiming and Launching a Program for the Expeditious Disposition and Privatization of
Certain Government Corporations and/or the Assets thereof, and Creating the Committee on
Privatization and the Asset Privatization Trust.
132
Proc. No. 50-A, Sec. 31-A; Mantruste System v. Court of Appeals, G.R. Nos. 86540-41,
November 6, 1989, 179 SCRA 136.
133
Proc. No. 50-A, Sec. 31.
134
See Executive Order No. 323, Art. III [2000], cited in Jose Feria and Maria Concepcion Noche,
CIVIL PROCEDURE ANNOTATED, 2001 ed., p. 345.
135
Banning the Issuance by Courts of Preliminary Injunctions in Cases Involving Concessions,
Licenses, and other Permits Issued by Public Administrative Officials or Bodies for the
Exploitation of Natural Resources, enacted December 12, 1974.
C-26
PROVISIONAL REMEDIES
136
Id., Sec. 1.
137
D.C. Crystal, Inc. v. Laya, G.R. No. 53597, February 28, 1989, 170 SCRA 734.
138
Saavedra v. Estrada, 56 Phil. 33 (1931).
139
Cereno v. Dictado, G.R. No. 81550, April 15, 1988, 160 SCRA 759.
140
Philippine National Bank v. Adil, G.R. No. 52853, November 2, 1982, 118 SCRA 110.
141
Government Service Insurance System (GSIS) v. Florendo, G.R. NO. 48603, September 29,
1989, 178 SCRA 76; Ortigas and Company Limited Partnership v. Court of Appeals, G.R. No.
79128, June 16, 1988, 162 SCRA 165.
C-27
PROVISIONAL REMEDIES
iii. not proper for the regional trial court to issue a writ of
injunction against the Register of Deeds if its effect is to
render nugatory a writ of execution issued by the
National Labor Relations Commission.143
142
Meneses v. Dinglasan, 81 Phil. 470 (1948).
143
Ambrosio v. Salvador, G.R. No. 47651, December 11, 1978, 87 SCRA 217.
144
Ramos, Sr. v. Court of Appeals, G.R. Nos. 80908-09, May 24, 1989, 173 SCRA 550; Rivera v.
Florendo, No. 57586, October 8, 1986, 144 SCRA 658; Romulo v. Yñiguez, G.R. No. 71908,
February 4, 1986, 141 SCRA 263; Philippine National Bank v. Adil, supra note 140; Philippine
Commercial and Industrial Bank v. National Mines and Allied Workers Union (NAMAWU-MIF),
G.R. No. 50407, August 19, 1982, 115 SCRA 873.
145
Golding v. Balatbat, et al, 36 Phil. 941 (1917).
146
Roldan, Jr. v. Arca, G.R. No. 25434, July 25, 1975, 65 SCRA 336; Abiera v. Court of Appeals,
G.R. No. 26294, May 31, 1972, 45 SCRA 314.
147
Philippine Pacific Fishing Co., Inc. v. Luna, G.R. No. 59070, March 15, 1982, 112 SCRA 604.
148
Nocnoc v. Vera, G.R. No. 37737, February 27, 1979, 88 SCRA 529.
C-28
PROVISIONAL REMEDIES
149
G&S Transport Corporation v. Court of Appeals, G.R. No. 120287, May 28, 2002, 382 SCRA
262.
150
Philippine National Bank v. Adil, supra note 140; Ramos, Sr. v. Court of Appeals, G.R. Nos.
80908-09, May 24, 1989, 173 SCRA 550.
151
The Chief of Staff, AFP v. Guadiz, Jr., G.R. No. 35007, December 29, 1980, 101 SCRA 827.
152
Romero, et al. v. Chief of Staff, AFP. Brig. Gen. Manuel Casaclang, et al., G.R. No. 84076
February 20, 1989, 170 SCRA 408.
153
Brocka v. Enrile, G.R. Nos. 69863-65, December 10, 1990, 192 SCRA 182.
154
Justiniani v. Castillo, G.R. No. 41114, June 21, 1988, 162 SCRA 378.
155
Yu Cong Eng v. Trinidad, 47 Phil. 385 (1925).
156
Ang v. Castro, G.R. No. 66371, May 15, 1985, 136 SCRA 453; Justiniani v. Castillo, supra
note 154.
157
Primicias v. Municipality of Urdaneta, Pangasinan, G.R. No. 26702, October 18, 1979, 93
SCRA 462.
C-29
PROVISIONAL REMEDIES
6.1. Requisites
b. to cancel an attachment;160
158
Pelejo v. Court of Appeals, G.R. No. 60800, October 18, 1982, 117 SCRA 666; Rivera v.
Florendo, supra note 144.
159
Arroyo v. Vasquez De-Arroyo, G.R. No. 17014, August 11, 1921.
160
Levy Hermanos, Inc. v. Lacson, et al., G.R. No. 47285, December 16, 1940.
161
Toyota Motors Philippines Corporation v. Court of Appeals, G.R. No. 102881, December 7,
1992, 216 SCRA 236.
162
Gordillo v. Del Rosario, 39 Phil. 829 (1919).
163
Alvaro, et al. v. Zapata, et al., G.R. No. 50548, November 25, 1982, 118 SCRA 722.
164
RULES OF COURT, Rule 70, Sec. 15.
C-30
PROVISIONAL REMEDIES
7.1. Grounds
7.2. The application for injunction must be verified and must show
facts entitling the applicant to the relief demanded168
7.3. Unless exempted by the court, the applicant must file a bond
executed to the party or person enjoined, in an amount to be fixed by
the court169
165
Ramos v. Court of Appeals, G.R. No. 81354, July 26, 1988, 163 SCRA 583.
166
Government Service Insurance System (GSIS) v. Florendo, supra, note 141; Cagayan de Oro
City Landless Residents Association, Inc. v. Court of Appeals, G.R. No. 106043, March 4, 1996,
254 SCRA 229.
167
RULES OF COURT, Rule 58, Sec. 3.
168
Id., Sec. 4.
169
Id.
C-31
PROVISIONAL REMEDIES
170
Id., Sec. 5.
171
Id.
172
Philippine Airlines v. National Labor Relations Commission, G.R. No. 120567 March 20, 1998,
287 SCRA 672.
C-32
PROVISIONAL REMEDIES
8. Jurisprudence
8.3. When hearing on the merits unnecessary. If the ground for the
opposition of the issuance of the writ is the insufficiency of the
complaint, the same will be apparent on the face of the complaint itself.
Preliminary injunction in such a circumstance may be refused outright,
with or without notice to the adverse party. In fact, under Section 6 of
Rule 58, the court may also refuse an injunction on other grounds on
173
RULES OF COURT, Rule 58, Sec. 9.
174
Philippine National Bank v. Adil, supra note 140.
175
Bataclan v. Court of Appeals, G.R. No. 78148, July 3, 1989, 175 SCRA 764.
C-33
PROVISIONAL REMEDIES
the basis of affidavits which may have been submitted by the parties in
connection with such application.
Rule 58, Sec. 7 does not declare that a hearing on the merits is
mandatory or a prerequisite in the granting of the writ. Otherwise, the
courts will be forced to conduct a hearing even if, from a consideration
of the pleadings alone, it can readily be ascertained that the movant is
not entitled to the writ.
Under this provision, higher courts that restrain a lower court from
proceeding with a case by issuing a writ of preliminary injunction must
decide the petition for certiorari within six months in order not to unduly
delay the main case lodged in a lower court.177
176
Valley Trading Co., Inc. v. Court of First Instance, G.R. No. 49529, March 31,1989, 171 SCRA
501.
177
Rule 58, Sec. 5, as amended by A.M. No. 07-7-12-SC, which took effect on December 27,
2007.
C-34
PROVISIONAL REMEDIES
178
Id., Secs. 4 and 5.
C-35
PROVISIONAL REMEDIES
179
Administrative Circular No. 07-99, issued June 25, 1999.
180
Id., citing Garcia v. Burgos, G.R. No. 124130 and June 29, 1998, 291 SCRA 546;
Administrative Circular No. 11 – 2000, Re: Ban on the Issuance of Temporary Restraining
Orders or Writs of Preliminary Prohibitory or Mandatory Injunctions In Cases Involving
Government Infrastructure Projects, issued on 13 November 2000.
181
Administrative Circular No. 07-99, citing Mison v. Natividad, G.R. No. 82586, September 11,
1992, 213 SCRA 734.
182
Issued November 20, 2002.
C-36
PROVISIONAL REMEDIES
ix. if the case has been pending for more than one year, the
reason therefore.
C-37
PROVISIONAL REMEDIES
ii. The application for a TRO shall be acted upon only after
all parties are heard in a summary hearing conducted
within twenty-four (24) hours after the records are
transmitted to the branch selected by raffle. The records
shall be transmitted immediately after raffle.
C-38
PROVISIONAL REMEDIES
C. Receivership185
1. Definition
2. Purpose
3. Appointment of a Receiver
3.1 Who may be appointed. The general rule is that neither party to
the litigation should be appointed as a receiver without the consent of
the other, because a receiver is supposed to be an impartial and
185
Receivership under this Rule is different from receivership under the Rules on Corporate
Rehabilitation, the discussion of which is found on page 68 hereof.
186
Black’s Law Dictionary (6th ed., 1990).
187
Commodities Storage & Ice Plant Corporation, et al. v. Court of Appeals, et al., G.R. No.
125008, June 19, 1997, 274 SCRA 439.
188
Pacific Merchandising Corp. v. Consolacion Ins. & Surety Co., Inc., G.R. No. 30204, October
29, 1976, 73 SCRA 564.
189
Arranza, et al. v. B.F. Homes, Inc., et al., G.R. No. 131683, June 19, 2000, 333 SCRA 799.
C-39
PROVISIONAL REMEDIES
b. Supreme Court
190
Commodities Storage & Ice Plant Corporation, et al. v. Court of Appeals, et al., supra note
187, citing Alcantara v. Abbas, G.R. No. 4890, September 30, 1963, 9 SCRA 54.
191
Abrigo v. Kayanan, G.R. No. 28601, March 18, 1983, 121 SCRA 20.
192
RULES OF COURT, Rule 59, Sec. 1.
193
Commodities Storage & Ice Plant Corporation, et al. v. Court of Appeals, et al., supra note
187.
194
Ralla v. Alcasid, 116 Phil. 622, 625 (1962).
195
RULES OF COURT, Rule 59, Sec. 1.
C-40
PROVISIONAL REMEDIES
c. Court of Appeals
4.1. Bring and defend, in such capacity, actions in his own name
with leave of court;
4.8. Divide the money and other property that shall remain among
the persons legally entitled to receive the same;
4.10. Invest funds in his hands, but only by order of the court upon the
written consent of all the parties.
196
Id., Sec. 6.
C-41
PROVISIONAL REMEDIES
D. REPLEVIN
1. Definition
2. Purpose
197
RULES OF COURT, Rule 41, Sec. 9; Acuña v. Caluag, 101 Phil. 446 (1957).
198
Salientes v. IAC, et al., G.R. No. 66211, July 14, 1995, 246 SCRA 150; Ranon v. Liwag, et al.,
G.R. No. 66211, July 14, 1995, 246 SCRA 150; Philippine Trust Company v. Santamaria, 53 Phil.
463 (1929).
199
Dolar v. Sundiam, G.R. No. 27631, April 30, 1971, 38 SCRA 616.
200
Basaya v. Militante, G.R. No. 75837, December 11, 1987, 156 SCRA 299.
201
BA Finance Corporation v. Court of Appeals, et al., G.R. No. 102998, July 5, 1996, 258 SCRA
102.
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PROVISIONAL REMEDIES
3. Requirements
3.1. Application202
3.2. Affidavit.203 The applicant must show by his own affidavit or that
of some other person who personally knows the facts that:
3.3 Bond.204 The applicant must also give a bond, executed to the
adverse party in double the value of the property as stated in the
affidavit aforementioned, for the return of the property to the adverse
party if such return be adjudged, and for the payment to the adverse
party of such sum as he may recover from the applicant in the action.
4. Order of replevin205
Upon filing such affidavit and approval of the bond, the court shall
issue an order and the corresponding writ of replevin, describing the
202
RULES OF COURT, Rule 60, Sec. 1.
203
Id., Sec. 2.
204
Id.
205
Id., Sec. 3.
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PROVISIONAL REMEDIES
5. Jurisprudence
5.1 The applicant for a writ of replevin need not be the owner for it is
enough that he has a right to posses it.206
5.4 . The RTC has no jurisdiction to take cognizance of the petition for
replevin; issue the writ of replevin; and order its enforcement where the
Collector of Customs had already seized the vehicles and set the sale
thereof at a public auction. The RTC should have dismissed the
petition for replevin at the outset.212
206
Yang v. Valdez, G.R. No. 73317, August 31, 1989, 177 SCRA 141.
207
Pagkalinawan v. Gomez, G.R. No. 22585, December 16, 1967, 21 SCRA 1275; RULES OF
COURT, Rule 60, Sec. 2 (c).
208
Bagalihog v. Fernandez, G.R. No. 96356, June 27, 1991, 198 SCRA 614.
209
Chua v. Court of Appeals, G.R. No. 79021, May 17, 1993, 222 SCRA 85.
210
La Tondena Distillers, Inc. v. Court of Appeals, G.R. No. 88938, June 8, 1992, 209 SCRA 553;
Ong v. IAC, G.R. No. 74073, September 13, 1991, 201 SCRA 543.
211
RULES OF COURT, Rule 60, Secs. 5 and 6.
212
Asian Terminals Incorporated v. Bautista, et al., G.R. No. 166901, October 27, 2006, 505
SCRA 748.
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PROVISIONAL REMEDIES
1.2. in a criminal action where civil liability includes support for the
offspring as a consequence of the crime.214
3. Procedure
b. When:
c. Contents:
213
FAMILY CODE OF THE PHILIPPINES, Art. 203.
214
RULES OF COURT, Rule 61, Sec. 6.
215
AM 02-11-12, Rule on Provisional Orders in Family Cases, Sec. 1.
216
RULES OF COURT, Rule 61, Sec. 1.
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PROVISIONAL REMEDIES
3.3. Hearing.218 The application for support pendente lite shall be set
for hearing within 3 days after the comment is filed or after the
expiration of the period for its filing.
3.4. Order of support. If the application is granted, the court shall fix
the amount of money to be provisionally paid or such other forms of
support as should be provided, taking into account the necessities of
the applicant and the resources or means of the adverse party, and the
terms of payment or mode for providing the support. If the application
is denied, the principal case shall be tried and decided as early as
possible.219
3.5. Failure to comply with order of support. 221 If the adverse party
fails to comply with an order granting support pendente lite, the court
shall, motu proprio or upon motion, issue an order of execution against
him, without prejudice to his liability for contempt.
217
Id., Sec. 2.
218
Id., Sec. 3.
219
Id., Sec. 4.
220
Id., Rule 39, Sec. 4.
221
Id., Rule 61, Sec. 5.
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PROVISIONAL REMEDIES
222
Id., Sec. 7.
223
Id., Sec. 6.
224
AM 02-11-12, Rule on Provisional Orders in Family Cases, Sec. 3.
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PROVISIONAL REMEDIES
4. Jurisprudence
4.1. Where the right to support is put in issue by the pleadings or the
fact from which the right to support arises is in controversy or has not
been established, the court cannot grant support pendente lite.226
4.2. The amount of support pendente lite is not final in character in the
sense that it can be the subject of modification depending on the
changing conditions affecting the ability of the obligor to pay the
amount fixed for support.227
2. Attachment231
2.2. When the criminal action is based on a claim for money or property
embezzled or fraudulently misapplied or converted to the use of the
accused who is a public officer, officer of a corporation, attorney,
225
Id., Sec. 2.
226
Francisco v. Zandueta, 61 Phil. 752 (1929).
227
San Juan v. Valenzuela, G.R. No. 59906, October 23, 1982, 117 SCRA 926.
228
Reyes v. Ines-Luciano, G.R. No. 48219, February 28, 1979, 88 SCRA 803.
229
REVISED RULES OF CRIMINAL PROCEDURE, Rule 127.
230
Id., Sec. 1.
231
Id., Sec. 2.
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PROVISIONAL REMEDIES
1. Definition
A protection order under Republic Act No. 9262 is an order issued for the
purpose of preventing further acts of violence against a woman or her child as
specified in R.A. No. 9262, Sec. 5 and granting other necessary relief.
The relief granted under a protection order serves the purpose of: (1)
safeguarding the victim from further harm, (2) minimizing any disruption in the
victim's daily life, and (3) facilitating the opportunity and ability of the victim to
independently regain control over her life. The provisions of the protection
order shall be enforced by law enforcement agencies.233
232
Rep. Act No. 9262.
233
Id., Sec. 8.
234
Took effect on March 15, 2003.
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PROVISIONAL REMEDIES
Who may File a) the offended party; a.) TPE issued Motu proprio
b) parents or guardians of by court or
the offended party;
c) ascendants, descendants b. Upon application under
or collateral relatives within oath of any of the parties,
the fourth civil degree of guardian or designated
consanguinity or affinity; custodian.
d) officers or social workers
of the DSWD or social
workers of local government
units (LGUs);
e) police officers, preferably
those in charge of women
and children's desks;
f.) Punong Barangay or
Barangay Kagawad;
g.) lawyer, counselor,
therapist or healthcare
provider of the petitioner;
h.) At least two (2)
concerned responsible
citizens of the city or
municipality where the
violence against women
and their children occurred
and who have personal
knowledge of the offense
committed.
235
Rep. Act No. 9262, Sec. 15.
236
Id., Sec. 16.
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PROVISIONAL REMEDIES
5. The TPO Shall Include Any, Some, or All of the Following Reliefs:
237
Id., Sec. 15.
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PROVISIONAL REMEDIES
C-52
PROVISIONAL REMEDIES
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PROVISIONAL REMEDIES
238
Id., Sec. 8.
239
A.M. 02-11-12-SC Rule on Provisional Orders, Sec. 7.
240
Id.
241
Rep. Act No. 9262, Sec. 9.
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PROVISIONAL REMEDIES
7. Jurisprudence
7.1. Section 5 of Rep. Act No. 9262 expressly recognizes that the acts
of violence against women and their children may be committed by an
offender through another. The protection order that may be issued for
the purpose of preventing further acts of violence against the woman
or her child may include individuals other than the offending husband
(such as the parents-in-law of the petitioner in this case).242
1.2. When issued. After determination that there exists probable cause
in a hearing called for that purpose. Requisites are as follows:
242
Go-Tan v. Spouses Tan, G.R. No. 168852, September 30, 2008, 567 SCRA 231.
243
Ocampo v. Arcaya-Chua, A.M. OCA IPI No. 07-2630-RTJ; Office of the Court Administrator v.
Arcaya-Chua, A.M. No. RTJ-07-2049; Office of the Court Administrator v. Arcaya-Chua and
Jamora, A.M. No. RTJ-08-2141; Santos v. Arcaya-Chua, A.M. No. RTJ-07-2093, April 23, 2010,
619 SCRA 59.
244
Rep. Act No. 9372.
245
Although not relevant to this BenchBook for trial courts since jurisdiction to issue these reliefs
is vested on appellate courts, they are included because they deal with provisional remedies
which is the subject of this paper.
246
Id., Sec. 27.
247
Id.
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PROVISIONAL REMEDIES
1.4. What may be ordered inspected. The provisions of Rep. Act No.
1405250 on the secrecy of bank accounts notwithstanding, if there are
deposits and outstanding balances, placements, trust accounts,
assets, and records in any bank or financial institution, moneys,
businesses, transportation and communication equipment, supplies
and other implements, and property of whatever kind and nature
belonging:
248
Refers to the Justices of the Court of Appeals designated as a special court to handle anti-
terrorism cases (Rep. Act No. 9372, Sec. 27).
249
Rep. Act No. 9372, Sec. 27.
250
An Act Prohibiting Disclosure of or Inquiry Into, Deposits with Any Banking Institution and
Providing Penalty therefore, enacted on September 9, 1955.
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PROVISIONAL REMEDIES
251
Rep. Act No. 9372, Sec. 28.
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PROVISIONAL REMEDIES
3. Restriction on Travel254
252
Id., Sec. 30.
253
Id., Sec. 39.
254
Id., Sec. 26.
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PROVISIONAL REMEDIES
a. The material may be viewed only by the parties, their counsel, their
expert witness and guardian ad litem;
1. Who Issues
255
Should this not have been applied in the case of former President Estrada?
256
Rep. Act No. 9775.
257
Id., Sec. 13 (d).
258
Id., Sec. 15 (m).
259
Rep. Act No. 9160.
260
Rep. Act No. 9194.
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PROVISIONAL REMEDIES
2. Effectivity
After amendment of Section 10, Republic Act No. 9160, twenty (20)
days, unless extended by the court.
3. Procedure
261
Id., Sec. 10.
262
Probable cause under Rule 10.2 of the Revised Implementing Rules and Regulations of Rep.
Act No. 9160, as amended by Rep. Act No. No. 9194 is defined as follows: “Probable cause”
includes such facts and circumstances which would lead a reasonably discreet, prudent or
cautious man to believe that an unlawful activity and/or a money laundering offense is about to
be, is being or has been committed and that the account or any monetary instrument or property
subject thereof sought to be frozen is in any way related to said unlawful activity and/or money
laundering offense.
263
Revised Implementing Rules and Regulations of Rep. Act No. 9160, as amended by Rep. Act
No. 9194, Rule 10.1.a.
264
Related web of accounts pertaining to the money instrument or property subject of the freeze
order under Rule 10.4 of the Revised Implementing Rules and Regulations of Rep. Act No. 9160,
as amended by Rep. Act No. 9194 is defined as those accounts, the funds and sources of which
originated from and/or are materially linked to the monetary instrument(s) or property(ies) subject
of the freeze order(s).
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PROVISIONAL REMEDIES
1. account number(s);
265
Revised Implementing Rules and Regulations of Rep. Act No. 9160, as amended by Rep. Act
No. 9194, Rule 10.5.b.
266
“Covered Institution” refers to:
1. banks, non-banks, quasi-banks, trust entities, and all other institutions and their
subsidiaries and affiliates supervised or regulated by the Bangko Sentral ng Pilipinas
(BSP);
2. Insurance companies and all other institutions supervised or regulated by the
Insurance Commission; and
3. Securities dealers, brokers, salesmen, investment houses and other similar entities
managing securities or rendering services as investment agent, advisor, or consultant, (ii)
mutual funds, close and investment companies, common trust funds, pre-need
companies and other similar entities, (iii) foreign exchange corporations, money
changers, money payment, remittance, and transfer companies and other similar entities,
and (iv) other entities administering or otherwise dealing in currency, commodities or
financial derivatives based thereon, valuable objects, cash substitutes and other similar
monetary instruments or property supervised or regulated by Securities and Exchange
Commission.
267
Revised Implementing Rules and Regulations of Rep. Act No. 9160, as amended by Rep. Act
No. 9194, Rule 10.3.a.
268
Id., Rule 10.3.b.
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PROVISIONAL REMEDIES
C-62
PROVISIONAL REMEDIES
in cases of violation of this Act, when it has been established that there
is probable cause that the deposits or investments involved are related
to an unlawful activity as defined in Section 3 (i) hereof or a money
laundering offense under Section 4 hereof; except in cases as
provided under Rule 11.2.275
3.9. Claim on Forfeited Assets. - Where the court has issued an order
of forfeiture of the monetary instrument or property in a criminal
prosecution for any money laundering offense under Section 4 of the
AMLA, the offender or any other person claiming an interest therein
may apply, by verified petition, for a declaration that the same
legitimately belongs to him, and for segregation or exclusion of the
monetary instrument or property corresponding thereto. The verified
275
Id., Rule 11.2. Authority to Inquire into Bank Deposits WITHOUT COURT ORDER. - The
AMLC may inquire into or examine deposit and investments with any banking institution or non-
bank financial institution and their subsidiaries and affiliates without a court order where any of
the following unlawful activities are involved:
(a) Kidnapping for ransom under Art. 267 of Act No. 3815, otherwise known as
the REVISED PENAL CODE, as amended;
(b) Secs. 4, 5, 6, 8, 9, 10. 12, 13, 14, 15, and 16 of Republic Act No. 9165,
otherwise known as the Comprehensive Dangerous Drugs Act of 2002;
(c) Hijacking and other violations under Rep. Act No. 6235 [1971]; destructive
arson and murder, as defined under the REVISED PENAL CODE, as amended,
including those perpetrated by terrorists against noncombatant persons and
similar targets
276
Id., Rule 15.2.a.
277
Id., Rule 15.2.b.
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PROVISIONAL REMEDIES
petition shall be filed with the court which rendered the judgment of
conviction and order of forfeiture within fifteen (15) days from the date
of the order of forfeiture, in default of which the said order shall
become final and executory. This provision shall apply in both civil and
criminal forfeitures.278
E. Protection Orders for Victims and Witnesses under the Philippine Act
on Crimes Against International Humanitarian Law, Genocide, and other
Crimes Against Humanity279
c. Where the personal interests of the victims are affected, the court
shall permit their views and concerns to be presented and considered
278
Id., Rule 12.3.
279
Rep. Act No. 9851 [2009].
280
Id., Chapter VII, Sec. 18.
281
Id., Chapter VI, Sec.13.
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PROVISIONAL REMEDIES
A. Definition of Terms
2. Habeas Data is a Latin phrase which literally means “you should have
the data.” It is a remedy available to any person whose right to privacy in
life, liberty or security is violated or threatened by an unlawful act or
omission of a public official or employee, or of a private individual or entity
engaged in the gathering, collecting or storing of data or information
regarding the person, family, home and correspondence of the aggrieved
party.284
282
The Secretary of National Defense, et al. v. Manalo, et al., G.R. No. 180906, October 7, 2008,
568 SCRA 1, citing Barker, R., "Constitutionalism in the Americas: A Bicentennial Perspective,"
49 University of Pittsburgh Law Review (Spring, 1988) 891, 906.
283
A.M. No. 07-9-12-SC, Sec. 1.
284
A.M. No. 08-1-16-SC, The Rule on the Writ of Habeas Data, issued on January 22, 2008, Sec.
1.
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PROVISIONAL REMEDIES
The court, upon motion or motu proprio, may order that the
petitioner or the aggrieved party, and any member of his immediate family
be protected in a government agency, or by an accredited person, or
private institution capable of keeping and securing their safety. If the
petitioner is an organization, association or institution because there is no
known member of the immediate family or relative of the aggrieved party,
then the protection may be extended to the officers involved.
2. INSPECTION ORDER287
285
A.M. No. 07-9-12-SC, The Rule on the Writ of Amparo, which took effect on October 24, 2007.
NOTE: For a more exhaustive discussion on the Rule on the Writ of Amparo, see the Chapter on
Special Proceedings.
286
A.M. No. 07-9-12-SC, Sec. 14 (a).
287
Id., Sec. 14 (b).
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PROVISIONAL REMEDIES
2.4. What inspection order under the writ of amparo should contain
3. PRODUCTION ORDER288
288
Id., Sec. 14 (c).
289
Id., Sec. 14 (d).
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PROVISIONAL REMEDIES
5. JURISPRUDENCE
1. Stay Order
290
Yano v. Sanchez, et al., G.R. No. 186640, February 11, 2010, 612 SCRA 347.
291
A.M. No. 00-8-10 SC, which took effect on January 16, 2009; See also PHILJA Casebook on
Commercial Law.
292
Id., Sec. 7.
C-68
PROVISIONAL REMEDIES
h. fixing the dates of the initial hearing on the petition, not earlier
than forty-five (45) days but not later than sixty (60) days from
the filing thereof;
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PROVISIONAL REMEDIES
1.2. Period of Effectivity.293 The stay order shall be effective from the
date of its issuance until the approval of the rehabilitation plan or the
dismissal of the petition.
293
Id., Sec. 9.
294
Id., Sec. 7.
295
Id., Sec. 7 (c).
296
Id., Sec. 7 (b).
297
Id., Sec. 10.
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PROVISIONAL REMEDIES
C-71
PROVISIONAL REMEDIES
2. Appointment of Receiver
2.1. In a petition for corporate rehabilitation, when the court finds the
same to be sufficient in form and substance, the Court shall, within five
days from filing of the petition, appoint a rehabilitation receiver and fix
his bond.298
298
A.M. No. 00-8-10-SC, 2009, Rules of Procedure on Corporate Rehabilitation, Sec. 7.
299
Id., Sec. 8.
300
Id., Sec. 11.
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PROVISIONAL REMEDIES
iii. He is, or was, within two (2) years from the filing of the
petition, a director, officer, or employee or the auditor or
accountant of the debtor;
iv. He is, or was, within two (2) years from the filing of the
petition, an underwriter of the outstanding securities of the
debtor;
1. Spousal Support302
1.1. In determining support for the spouses, the court may be guided
by the following rules:
301
A.M. No. 02-11-12-SC, which took effect on March 15, 2003.
302
Id., Sec. 2.
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PROVISIONAL REMEDIES
x. any other factor the court may deem just and equitable.
2. Child Support303
2.1. The common children of the spouses shall be supported from the
properties of the absolute community or the conjugal partnership.
303
Id., Sec. 3.
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PROVISIONAL REMEDIES
2.2. Subject to the sound discretion of the court, either parent or both
may be ordered to give an amount necessary for the support,
maintenance, and education of the child. It shall be in proportion to the
resources or means of the giver and to the necessities of the recipient.
b. the physical and emotional health of the child and his or her
special needs and aptitudes;
2.4. The Family Court may direct the deduction of the provisional
support from the salary of the parent.
3. Child Custody304
3.1. In determining the right party or person to whom the custody of the
child of the parties may be awarded pending the petition, the court
shall consider the best interests of the child and shall give paramount
consideration to the material and moral welfare of the child,
b. the desire and ability of each parent to foster an open and loving
relationship between the child and the other parent;
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PROVISIONAL REMEDIES
g. marital misconduct;
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PROVISIONAL REMEDIES
3.5. Best interest of the child. Article 363 of the Civil Code provides
that in all questions relating to the care, custody, education and
property of the children, the latter's welfare is paramount. This means
that the best interest of the minor can override procedural rules and
even the rights of parents to the custody of their children. Since, in this
case, the very life and existence of the minor is at stake and the child
is in an age when she can exercise an intelligent choice, the courts can
do no less than respect, enforce and give meaning and substance to
that choice and uphold her right to live in an atmosphere conducive to
her physical, moral and intellectual development. The minor’s threat of
committing suicide may be proven empty, but the child has a right to a
wholesome family life that will provide her with love, care and
understanding, guidance and counseling and moral and material
security.305This refers to the totality of the circumstances and
conditions that are most congenial to the survival, protection and
feelings of security of the child and most encouraging to the child’s
physical, psychological and emotional development. It also means the
least detrimental available alternative for safeguarding the growth and
development of the child.306
4. Visitation Rights307
5.2. When HDO may be issued. The court, motu proprio or upon
application under oath, may issue ex-parte a hold departure order,
addressed to the Bureau of Immigration and Deportation, directing it
not to allow the departure of the child from the Philippines without the
permission of the court.
The Family Court issuing the hold departure order shall furnish
the Department of Foreign Affairs and the Bureau of Immigration and
305
Horacio Luna & Liberty Hizon-Luna v. IAC, et al, G.R. No. 68374, June 18, 1985, 137 SCRA 1.
306
A.M. No. 02-1-18-SC, dated November 24, 2009, Rule on Juveniles in Conflict with the Law.
307
A.M. No. 02-11-12-SC, Sec. 5.
308
Id., Sec. 6.
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PROVISIONAL REMEDIES
5.4. Recall of HDO. The court may recall the order, motu proprio or
upon verified motion of any of the parties, after a summary hearing -
subject to such terms and conditions as may be necessary - for the
best interests of the child.
6. Order of Protection309
309
Id., Sec. 7.
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PROVISIONAL REMEDIES
7.2. The receiver or administrator may not dispose of, or encumber any
common property or specific separate property, of either spouse
without prior authority of the court.
If neither of the parents nor the guardian of the child can be located
or does not appear in court despite due notice, or if the court finds them
incompetent to protect the best interests of the child, the court shall
310
Id., Sec. 8.
311
A.M. 02-1-19, which took effect on April 15, 2002.
312
Id., Sec. 4(f).
C-79
PROVISIONAL REMEDIES
b. The court may order the social worker to submit a case study
report to aid it in evaluating whether such temporary custody shall be
for the best interests of the child.
313
Id., Sec. 4(m).
314
A.M. 09-6-8-SC, which took effect on 29 April 2010. Note: For a more comprehensive
discussion on this subject, see Section on Environmental Law.
315
Id., Sec. 8.
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PROVISIONAL REMEDIES
The court where the case is assigned shall periodically monitor the
existence of acts that are the subject matter of the TEPO, even if issued by
the executive judge, and may lift the same at any time as circumstances may
warrant.
The applicant shall be exempted from posting bond for issuing TEPO.
4. Dissolution of TEPO
The judge shall report to the Supreme Court, through the Office of the
Court Administrator any action taken on any TEPO, EPO. TRO or a
preliminary injunction, including its modification or dissolution, within ten
(10) days from the action taken.317
316
Id., Sec. 9.
317
Id., Sec. 11.
318
Circular No. 39-97, issued on June 19 1997, Re: Guidelines in the Issuance of Hold-Departure
Orders.
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PROVISIONAL REMEDIES
2. In the issuance of (1) orders directing the inclusion of the name of any
person in the hold-departure list of the Bureau of Immigration; or (2) Hold-
Departure Orders, all judges shall comply strictly with the provisions of
Section 3 of Circular No. 39-97, dated 19 June 1997. This section
provides that the order involved shall contain the following information:
2.1. The complete name (including the middle name), the date and
place of birth of the person against whom a Hold-Departure Order has
been issued or whose departure from the country has been enjoined;
2.2. The complete title and the docket number of the case in which
the Hold-Departure Order was issued;
319
Id.
320
Circular No. 3-99, January 12, 1999, Re: Inclusion of Complete Information in Hold-Departure
Orders.
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