COMPARATIVE CHART IN PROVISIONAL REMEDIES

PRELIMINARY
PREVENTIVE
PRELIMINARY RECEIVERSHIP REPLEVIN SUPPORT PENDENTE
INJUNCTION/
ATTACHMENT
PRELIMINARY
LITE
MANDATORY
INJUNCTION
PURPOSE

To have the property of the To require a party or a court, To place the property subject of an To recover possession of personal To compel adverse party to provide
adverse party attached as agency or a person to refrain action or proceeding under the property support while action is pending in
security for the satisfaction of from doing a particular act or acts control of an impartial third party for court.
judgment that may be recovered (PPI) or to require the its preservation and administration
in the cases falling under R57, S1. performance of a particular act or pendente lite or as an aid to
acts (PMI). execution.
To enable the court to acquire
jurisdiction over the res or the
property subject of the action in
cases where service in person or
any service to acquire jurisdiction
over the person of the defendant
cannot be effected.

SUBJECT MATTER

Personal and Real Property Particular act or acts Personal and Real Property SUBJECT Personal property capable of manual Money or other forms of support
OF THE ACTION OR PROCEEDING delivery

WHEN APPLIED AND GRANTED

At the commencement of the At any stage of an action or At any stage prior to the judgment At the commencement of the action At the commencement of the
action or at any time before entry proceeding prior to the judgment or final order or at any time before answer is filed. action or at any time prior to the
of judgment. or final order. NOTE: It may availed of even after judgment or final order.

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 judgment [R58, S1(c)] or even after
judgment becomes final under [R39,
S41].

HOW APPLIED FOR

1. Affidavits or Verified complaint
2. Attachment bond
1. Affidavits or Verified complaint;
if application is included in the
initiatory pleading, the adverse
party should be served with
summons together with a copy of
the initiatory pleading and the
applicant’s bond.
1. Affidavits or Verified complaint; 1. Affidavits or Verified complaint 1. Affidavits or Verified complaint
application may also be included in
initiatory pleading in actions for 2. Replevin bond
foreclosure or mortgage
2. Receivership bond

2. Injunction bond

HEARING REQUIRED

Not required. May be issued ex Required. Required. Not required. May be issued ex Required.
parte. parte.
Except:
a. Great or irreparable injury
would result – 20-day TRO from
SERVICE

b. Extreme urgency and applicant

will suffer grave injustice and
irreparable injury – 72-hour TRO
from ISSUANCE

WHO MAY GRANT

Courts where action is pending, Court where the action is Court where the action is pending; Only Court where the action is Court of origin and appellate court.
the CA or the SC even if action is pending, the CA or the SC Lower court, CA or SC even if action pending.
pending in the lower court. provided action is pending in the is pending in the lower court.
same court which issues the Appellate court may allow

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 injunction. Also with the trial application for receivership to be
court, Sandiganbayan, and CTA. decided by the court of origin.
REQUISITES FOR GRANTING APPLICATION

1. Affidavit of the applicant, or of 1. Verified application showing: 1. Verified application showing: 1. Affidavit of the applicant, or of 1. Verified application showing:
some other person who “RPA” - Applicant has interest in the some other person who personally - Grounds for the claim
personally knows the facts that: - applicant is entitled to the property or fund subject matter knows the facts that: “WANOe” - Financial conditions of both
“SCNA” Relief demanded; of the action or proceeding; - property is Arongfully detained by parties
- Sufficient cause of action - acts complained of would - Property or fund WHICH IS THE the adverse party - Accompanied by affidavits,
exists; Probably work injustice to the SUBJECT OF THE ACTION OR - Actual market value of the depositions or other documents.
- Case is covered by R57, S1; applicant if not enjoined; PROCEEDING is in danger of property
- No other sufficient security for - Acts complained of probably being lost or removed or - property is Not distrained or
the claim exists; violated applicant’s rights materially injured; taken for a tax assessment or a
- Amount due to applicant or respecting the subject of the - Mortgaged property is in danger fine pursuant to law, or seized
value of property he is entitled action or proceeding. of being wasted or dissipated or under a writ of execution or PA,
to recover is equal to the sum materially injured, and value is or if so seized, that it is exempt
which the order or attachment probably insufficient to discharge - applicant is the Owner of the
is granted above all legal mortgage debt; property claimed or is Entitled to
counterclaims. - Appointment of receiver is the the possession
most convenient and feasible
means or preserving,
administering or disposing of the
property in litigation.

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 BOND REQUIREMENT

Bond executed to the adverse party in the amount fixed by the court to cover the costs which may be Bond executed to adverse party in No bond required.
adjudged to the adverse party and all damages that he may sustain by reason of the granting of provisional DOUBLE THE VALUE OF THE
remedy prayed for, if the court shall finally adjudge that the applicant was not entitled thereto. PROPERTY as stated in the affidavit,
for the return of the property to the
NOTE: An injunction bond may be exempted in preliminary injunction or TRO [R58, S4(b)]. 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.

REMEDY OF PARTY AGAINST WHOM PROVREM IS ISSUED

1. Motion to discharge WOPA
by making Cash deposit or filing
counter-bond on the ground
that the same was improperly or
irregularly issued or enforced
[R57, S12]
NOTE: Motion in this case is
required only when WOPA has
already been enforced unlike in
Sec. 5 where WOPA may be
discharged ex parte.
2. Motion to discharge WOPA
on the ground that the same was
improperly or irregularly issued or
enforced or that the bond is
insufficient [R57, S13]
3. Claim for damages through
counterclaim pleaded in the
answer on account of improper,
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1. Affidavit on the ground of 1. Counter-bond [R59, S3] 1. Object to the sufficiency of
insufficiency of application and 2. Appointment was obtained applicant’s bond – cannot
other grounds [R58, S6] without sufficient cause [R59, S3] immediately require return of
2. Counter-bond [R58, S6] property
3. Claim for damages through 2. Not object but file Counter-
counterclaim pleaded in the bond – can require return of
answer [R58, S8] property
Do BOTH remedies at any time
before the delivery of the property
to the applicant but must be within
five (5) days after the taking of the
property by the sheriff [R60, S5&6].
irregular or excessive attachment
[R57, S20]

REMEDIES WHEN PROPERTY IS CLAIMED BY THIRD PERSON

1. Independent action (Action 1. Independent action (Action to
to nullify levy) – there is nullify replevin) – there is judgment
judgment already already

2. Teceria, by executing affidavit 2. Teceria, by executing affidavit –

– no judgment yet no judgment yet

3. Motion for intervention – no 3. Motion for intervention – no

judgment yet judgment yet

4. Action for damages on the 4. Action for damages on the bond

bond
RECOVERING DAMAGES ON AN APPLICANT’S BOND

Requirements When the judgment or final order

a. The defendant-claimant has secured a favorable judgment the main action, meaning that the plaintiff has no cause of action and was not of the court finds that the person
entitled to the AIRR; who has been providing
b. The application for damages, showing claimant’s right thereto and the amount thereof, be filed in the same action before trial or before appeal support pendente lite is not liable
is perfected or before the judgment becomes executory; therefor, it shall order the recipient
c. Due notice be given to the other party and his surety or sureties, notice to the principal not being sufficient; thereof to return to the former the
d. A proper hearing; amounts already paid with legal
e. The award for damages should be included in the final judgment [DBP v. Carpio, G.R. No. 195450 February 1, 2017]. interest from the dates of actual
payment, without prejudice to the
[R57, S20; R58, S8; R59, S9; R60, S10] right of the recipient to obtain
reimbursement in a separate action
from the person legally obliged to
give the support. Should the
recipient fail to reimburse said
amounts, the person who provided
the same may likewise seek
reimbursement thereof in a
separate action from the person
legally obliged to give such support
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 (R61, S7.)
WHETHER OR NOT DECISION IS IMMEDIATELY EXECUTORY
NO YES YES NO YES

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