COMPARATIVE CHART: PROVREM

Preliminary Attachment PI/PMI Receivership Replevin Support Pendente lite

PURPOSE
1.To have the property of the 1. To require a party or a court, 1. To place the property subject 1. To recover possession of 1. To compel adverse party to
adverse party attached as agency, tribunal or a person TO of an action or proceeding under personal property. provide support while action is
security for the satisfaction of RESTRAIN from doing a the control of a third party for pending in court.
any judgment that may be particular act/s or TO REQUIRE the preservation and
recovered in REPOGRES performance of particular act/s. administration pending the
[Recovery of sum of money or litigation or as an aid to
damages, Actions for Money or execution.
property Embezzled or
fraudulently misapplied or
converted, Recover Possession of
property unjustly taken or
detained, Actions against person
guilty of fraud in contracting a
debt or performing an obligation,
Actions against a party who has
removed or disposed of his
property or is about to do so and
actions against non-residents not
found in Ph or where summons is
served by publication.]

2. To enable the court to acquire

jurisdiction over the action by
actual or constructive seizure of
the property in those instances
where personal service cannot
be effected.
SUBJECT MATTER
Personal and Real Property Particular act/s Personal and real property Personal property capable of Money or other forms of
Manual delivery support.
 WHEN APPLIED AND GRANTED

At the COMMENCEMENT OF At ANY STAGE PRIOR TO THE At ANY TIME PRIOR TO At the COMMENCEMENT OF At the COMMENCEMENT OF THE
ACTION; or JUDGMENT or FINAL ORDER. SATISFACTION OF JUDGMENT; ACTION BUT BEFORE THE ACTION; or
At ANY TIME PRIOR TO THE ANSWER IS FILED.
ENTRY OF JUDGMENT Note: It may be availed even At ANY TIME PRIOR TO THE
after the judgment becomes final JUDGMENT OR FINAL ORDER.
under Rule 38 Sec 41.

HOW APPLIED FOR

MOTION ex parte or with notice, VERIFIED APPLICATION and VERIFIED APPLICATION and Application with AFFIDAVITS VERIFIED APPLICATION;
AFFIDAVITS AND APPLICANTS APPLICANTS BOND. APPLICANTS BOND. AND APPLICANTS BOND. APPLICANTS BOND NOT
BOND. REQUIRED.
Note: If the application is Note: may be included in the
included in the initiatory initiatory pleading in actions for
pleading the adverse party foreclosure of mortgage.
should be served with summons
together with a copy of initiatory
pleading and applicant’s bond.

REQUIREMENT OF A HEARING

Not required; May be issued EX REQUIRED. REQUIRED Not required; MAY BE ISSUED EX REQUIRED.
PARTE PARTE

XPN: If GREAT or IRREPARABLE

INJJURY would result or
EXTREME URGENCY if applicant
will suffer GRAVE INJUSTICE and
IRREPARABLE INJURY.

Courts where the action is
pending; CA or SC even if the
action is pending in Lower
courts.
1. Sufficient COA
2. Grounds relied [REPOGRES]
3. No other sufficient security
for the claim exists; and
4. Amount due to applicant or
value of property he is
entitled to recover is equal
to the sum which the order
of attachment is granted.
TERCERIA or Third Party Claim
 When 3rd Party claimant
makes an affidavit of his title
to the property or his right
to possession thereof, and
serves such affidavit to the
sheriff and a copy to the
The court where the action is
pending: LC, CA and SC provided
action is pending in the same
court which issues injunction.
Also with SB and CTA
REQUIREMENTS for GRANTING the application
1. Applicant is entitled to the
relief demanded;
2. Act/s complained of would
work injustice to the applicant if
not enjoined;
3. Act/s violates the applicant’s
right respecting the subject of
the action or proceeding;
4. Threatened injury is incapable
of pecuniary estimation.
WHEN PROPERTY is CLAIMED BY THIRD (3rd) Person.
Who May GRANT
Court whre the action is
pending, the CA or SC even if the
action is pending in the LC.
Appellate court may allow the
applicaton for Receivership to
be decided by the court of
origin.
1. Applicant has interest in the
property or fund, subject matter
of the action or proceeding;
2. Property or fund is in danger
of being lost or removed or
materially injured;
3. Appointment of receiver is the
most convenient and feasible
means of preserving,
administering or disposing of the
property in litigation.
Only the court where the action Court of Origin and Appellate
is pending. court.
1. The applicant is the owner of Affidavits, depositions or other
property claimed or is entitled to documents should show, at least
the possession of the same; provisionally, that the applicant is
2. Property is wrongfully entitled to receive support.
detained by the adverse party;
and
3. Property is not distrained or
taken for tax assessment or a
fine pursuant to law.
 When 3rd Party claimant
makes an affidavit of his title
to the property or his right
to possession thereof, and
serves such affidavit to the
sheriff and a copy to the
attaching party, the sheriff
 attaching party, the sheriff shall not be bound to keep
shall not be bound to keep the property under replevin
the property unless the unless the applicant files a
attaching party files a bond bond approved by court to
approved by court to indemnify the 3rd party
indemnify the 3rd party claimant in sum not less than
claimant in sum not less than the value of the property
the value of the property levied upon.
levied upon.  The claim for damages for
 The claim for damages for the taking or keeping the
the taking or keeping the property must be filed within
property must be filed within 120 days from the filing of
120 days from the filing of the bond.
the bond.

BOND REQUIREMENT

Bond is executed to the adverse party in the amount fixed by the court to cover the costs which may be Bond executed to the adverse NO bond is required.
adjudged to the adverse party and all damages that he may sustain by reason of granting of the party is DOUBLE the value of the
provisional remedy prayed for, if the court shall finally adjudged the applicant was not entitled thereto. property or the return of the
property to the adverse party if
Note: A bond may be exempted in PI or TRO. (R58) such return be adjudged and for
the payment to the adverse party
of such sum as he may recover
from the applicant for the action.

DISCHARGE of remedy

COUNTER-BOND: Party against who the provisional remedy is availed of may move for the discharge of By counter-Bond: The party Not required.
the provrem granted by filing of counter-bond in an amount equivalent to that fixed by the court to the against whom the replevin is
value of the poperty if with respect to particular property to secure the payment f judgment that the availed of, may at any time
adverse party may recover in the action. before the delivery of the
property to the applicant require
the return of the property by
filing a counter-bond in an
amount double the value of the
 property.
Other Grounds: Insufficiency or Insufficiency of the application Appointment was obtained
Irregular issuance or without sufficient cause.
enforcement or insufficiency of
Bond.

Damages in case the applicant for any of the provisional remedies NOT ENTITLED thereto or for any IRREGULARITY in the procurement of PROVREM

The OWNER of the property attached MUST FILE, BEFORE TRIAL or PERFECTION of appeal or BEFORE Judgment becomes EXECUTORY an If court FINDS the person who
APPLICATION FOR DAMAGES. has been providing support
Party who availed of PROVREM and his SURETY/SURETIES Must be NOTIFIED, showing right to damages and amount thereof. pendente lite not liable therefor:

DAMAGES awarded ONLY. After PROPER HEARING -- included in the JUDGMENT of the Main case. The court shall order the
recipient to return the amounts
IF the judgment of the Appellate court is favorable to the party against PROVREM was effected: the APPLICATION must be filed with the thereby received with interest
Appellate court BEFORE THE JUDGMENT OF APPELLATE COURT BECOMES FINAL AND EXECUTORY. from the dates of actual
payment.
Appellate court may allow application to be heard and decided by the trial court.
Recipient may obtain
If bond or deposit given by the party availing of the PROVREM be insufficient or fail to satisfy the award: the ADVERSE party may recover reimbursement from the person
damages in the same action. legally obliged to give support
(separate action must be filed
for the purpose).

If the recipient fails to reimburse

the amount, person who
provide the same may seek
reimbursement from the person
legally obliged to give support
(separate action must be filed
for the purpose).

IMMEDIATELY EXECUTORY

NO YES YES NO YES