Repliven

The main action should be is to recover a possession of a personal property in order to apply for
the provisional remedy of replevin

Alternative prayer for one complaint

Only apply to real estate mortgages for foreclosure, as an alternative prayer

Replevin

Section 60 of replevin the law provides replevin is used to recover a personal property
Action should arise from the same transaction

Chattel mortgage-The debtor defaults to yield the property debt in loan payable in installment,
to secure this loan , aboitiz executed a chattel mortgage over his car to secure the debt. Lender
wanted to recover the debt and foreclose the chattel mortgage. Main Action filed to recover
the car extrajudicial foreclosure before the sheriff to conduct it in public sale, sheriff is the clerk
of court.,

Extrajudicial Foreclosure- To Sell the property in public auction to the highest bidder for which
the money collected will be used to satisfy in repaying the Loan.
There could never be a Public sale because the possession of the car is not in the lender. There
is no Property to sale.
When you apply extrajudicial foreclosure,
1) Before you file, you must have possession of the mortgaged property

The creditor should apply for the writ of replevin in order to recover the possession of the
property before the sheriff can sold it in public sale.

RECOVER ONLY IF TO RECOVER A PERSONAL PROPERTY, the value of the property, NOT A
SUM OF MONEY

Under the Resolution of the Supreme court en banc, 1983, providing for the interim rules
and guidelines, a writ of replevin may be served and enforced anywhere in the Philippines.

Writs and process issued by a regional trial court or metropolitan trial court, municipal trial
court , or municipal circuit trial court may be served anywhere in the Philippines. repliven
suit cannot recover sum of money. The cause of action in replevin suit is different , to
recover and possess a property, right to foreclose a property. Collection of the sum of
money- cause of action is not consistent to replevin. The plaintiff has to chose to either to
collect a sum of money or personal property, Motion to Strike as the two cause of action is
completlely irrelevant.

Filing a replevin suit as a prepatory for the foreclosure sale of a property and file for
deficiency if the proceeds is not enough so that the debt can be paid

Causes of action is not consistent and different.

Alternative prayer of a replevin suit is to be paid of the value of the property not the
obligation,IF there is a defiency replevin suit cannot be used to collect as it is not a
collection suit.