REPLEVIN

1. Replevin is a broad term which may also be a main action where the ultimate goal is to recover
personal property wrongfully detained by a person. Used in this sense, it is a suit in itself. The action is
primarily possessory in nature and generally determines nothing more than the right of possession. But
replevin may also be a provisional remedy to have possession of the personal property while the main
issue of possession is pending. Also, the mortgagee is entitled to file a replevin suit preparatory to the
foreclosure of the

chattel mortgage, when the debtor defaults and the creditor decides to foreclose the mortgage but the
debtor refuses to yield possession of the property, the creditor may institute an action to secure
possession of the property in an action for replevin.

2. Replevin is an action for the recovery of personal property. It is both a principal remedy and a
provisional relief. When utilized as a principal remedy, the objective is to recover possession of personal
property that may have been wrongfully detained by another. When sought as a provisional relief, it
allows a plaintiff to retain the contested property during the pendency of the action. (Milagros Enriquez
vs. Mercantile Insurance Co., Inc., G.R. No. 210950, August 15, 2018)

3. The application for replevin must be by affidavit on his ownership of the property and the actual value
thereof. There must be a bond posted by the applicant. The bond is DOUBLE the value of the property.

4. Upon the approval of the bond, the court shall issue an order and the corresponding writ of replevin.
The sheriff shall then take the property and keep it in a secure place and wait for five (5) days for the
adverse party to get the property back by objecting to the sufficiency of the bond and posting a
redelivery bond double the value of the property. If such party makes no move to have the property
back, the sheriff shall deliver the property to the applicant.

5. If the property taken is claimed by any person other than the party against whom the writ of replevin
had been issued or his agent, and such person makes an affidavit of his title thereto, or right to the
possession thereof, stating the grounds therefor, and serves such affidavit upon the sheriff while the
latter has possession of the property and a copy thereof upon the applicant, the sheriff shall not be
bound to keep the property under replevin or deliver it to the applicant unless the applicant or his
agent, on demand of said sheriff, shall file a bond approved by the court to indemnify the third-party
claimant in a sum not less than the value of the property under replevin.

6. To recover damages on a replevin bond, it is necessary (1) that the defendant-claimant has secured a
favorable judgment in the main action, meaning that the plaintiff has no cause of action and was not,
therefore, entitled to the provisional remedy of replevin; (2) that the application for damages, showing
claimant’s right thereto and the amount thereof, be filed in the same action before trial or before
appeal is perfected or before the judgment becomes executory; (3) that due notice be given to the other
party and his surety or sureties, notice to the principal not being sufficient; and (4) that there should be
a proper hearing and the award for damages should be included in the final judgment. (Development
Bank of the Philippines vs. Carpio, 816 SCRA 473, February 01, 2017)
When May Writ Be Issued

Q: When may writ be issued?

A: at the commencement of the action or at any time before answer.

Q: After the filing of an answer, may the plaintiff apply for a writ of replevin?

A: No more since the replevin may be applied for only before answer. The possible remedy of the
plaintiff would be to move for a preliminary attachment under Sec. 1 of Rule 57.

Q: What is the remedy if the replevin is improperly implemented?

A: The proper remedy if a writ of replevin is improperly implemented is to file a motion to quash.

Requisites for the Application of Replevin

1. File an application at the commencement of the action or at any time before the defendant answers.

2. The application must contain an affidavit which shows that:

a. Applicant is the owner of the property claimed or is entitled to the possession thereof.

b. Property is wrongfully detained.

c. Property has not been distrained or taken for a tax assessment, or a fine pursuant to law, or seized
under a writ of execution or under custodia legis.

3. Prior demand is not a condition precedent to an action for a writ of replevin, since there is nothing in
Section 2, Rule 60 of the Rules of Court that requires the applicant to make a demand on the possessor
of the property before an action for a writ of replevin could be filed. (Agner v. BPI Family Savings Bank,
Inc. 697 SCRA 89)

Affidavit and Bond, Redelivery Bond

Q: What are the requirements for the issuance of a writ of replevin?

A: 1. The applicant must show by his own affidavit or that of some other person who personally know
the facts:

a. that the applicant is the owner of the property or is entitled to its possession.

b. that the property is wrongfully detained by the adverse party.

c. that the property has not been distrained, or taken for a tax assessment or fine pursuant to law,
seized under a writ of execution or preliminary attachment, placed under custodia legis or if seized, that
it is exempt from such seizure or custody

d. the actual market value of the property.

2. The applicant must give a bond, executed to the adverse party in double the value of the property
as stated in the affidavit for the return of the property 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. (Sec. 2, Rule 60,
Rules of Court)