Rule 59 - receivership.

Sec. 1 - Appointment of a receiver - Upon verified application, one or more receiver of a property
which is subject of action or proceeding maybe be appointed by the court where action or proceeding is
pending, or by the Court of Appeals or a member thereof, in any of the ff. cases:

a) If it appears that the applicant for appointment as receiver has an interest in the property or
fund subject of the action or proceeding, and such property or fund in in danger of being lost, removed,
or materially injured unless a receiver is appointed to administer and preserve it;

b) When it appears in an action by the mortgagee for foreclosure that the property in in danger of
being dissipated or materially injured and that its value is probably insufficient to discharge the m
mortgage or that the parties have so stipulated in the contract of mortgage;

c) After judgment, to preserve the property during the pendency of appeal or to dispose of it
according to the judgment, or to aid execution where execution remains unsatisfied or the judgment
obligor refuses to apply the property in satisfaction of judgment, or carry the judgment into effect;

d) Whenever in other cases where it appears that appointment of a receiver is the most convenient
and feasible means of preserving , administering or disposing of the property in litigation

During the pendency of an appeal, the appellate court may allow an application for the appointment of a
receiver to be filed in an decided by the court of origin and the receiver to be subject of control of said
court. ( take note)

Notes:

- Receiver in case of dissolution of corporation not included here Corporation law to apply.

- Receivership maybe a main action in itself, or just an ancillary remedy;

- A receiver is appointed form the benefit of all the parties involved in a suit. A party in litigation
cannot be appointed without the consent of all.

- Inferior courts have jurisdiction to appoint a receiver of property in litigation.

- Receivership maybe availed of even if judgment has become final and executory..

- Appointment of a receiver during the pendency of the appeal is interlocutory in nature and
cannot by compelled by mandamus, although certiorari will lie in case of grave abuse of discretion.

Sec. 2 – Bond on appointment of a receiver - Before issuing the order appointing a receiver, the court
shall the applicant to file a bond executed to the party against whom the application is presented, in
effect to pay for all damages such party may incur by reason of the appointment of a receiver if
procured without sufficient basis. Additional bond may be required as further security.

Sec. 3. Denial of application or discharge of a receiver - The application maybe denied, or the receiver
discharged, when the adverse party files a bond executed to the applicant, to the effect that such party
will pay applicant all damages he may suffer by reason of acts or omissions or other matters specified in
the application for such appointment. The receiver may also be discharged if shown his appointment
was without sufficient cause.

Sec. 4- Oath and bond of receiver - Before entering upon his duties, the receive shall be sworn to
perform them faithfully, and shall file a bond, to the effect that he will faithfully discharge his duties in
the action and obey the orders of the court.

Sec. 5. Service of copies of bonds, effect of disapproval of same - If either the applicant’s bond or
the receiver’s bond is found insufficient in amount or if sureties fail to justify and a bond sufficient in
amount is not filed, application shall be denied. If the bond of the adverse party is found insufficient or
surety fails to justify, the receiver shall be appointed or re-appointed as the case maybe.

Sec. 6. General powers of a receiver - Subject to the control of the court in which the action is pending,
a receiver shall have the power to bring and defend, in such capacity, actions in his own name; to take
and keep possession of property in controversy, to receive rents, collect debts, compound and
compromise same, and generally do such acts respecting the property as the court may authorize;

No action may be filed by or against the receiver without leave of the court which appointed him.

Sec 7. Liability for neglect or refusal to deliver property - person who refuses or neglects, upon
reasonable demand, to deliver o the receiver, all property, money, books, notes, bills, etc, within his
control or power as maybe be determined by the court maybe held liable for contempt, , and for
damages to the receiver for damages sustained as a consequence hereof;

Sec. 8. Termination of receivership; compensation of receiver - Upon motion, or moto propio, court
shall determine that necessity for a receiver no longer exist; and after hearing, for receiver to settle
accounts of receivership, and eventually order discharge of the receiver. Court may allow receiver to
receive reasonable compensation, to be taxed as costs against defeated party.

Se9. 9 – Judgment shall include recovery against sureties, - as claimed, ascertained granted in same
procedure as Sec. 20, Rule 57.
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Rule 59 - receivership.

Sec. 1 - Appointment of a receiver - Upon verified application, one or more receiver of a property
which is subject of action or proceeding maybe be appointed by the court where action or proceeding is
pending, or by the Court of Appeals or a member thereof, in any of the ff. cases:

a) If it appears that the applicant for appointment as receiver has an interest in the property or
fund subject of the action or proceeding, and such property or fund in in danger of being lost, removed,
or materially injured unless a receiver is appointed to administer and preserve it;

b) When it appears in an action by the mortgagee for foreclosure that the property in in danger of
being dissipated or materially injured and that its value is probably insufficient to discharge the m
mortgage or that the parties have so stipulated in the contract of mortgage;

c) After judgment, to preserve the property during the pendency of appeal or to dispose of it
according to the judgment, or to aid execution where execution remains unsatisfied or the judgment
obligor refuses to apply the property in satisfaction of judgment, or carry the judgment into effect;

d) Whenever in other cases where it appears that appointment of a receiver is the most convenient
and feasible means of preserving , administering or disposing of the property in litigation

During the pendency of an appeal, the appellate court may allow an application for the appointment of a
receiver to be filed in an decided by the court of origin and the receiver to be subject of control of said
court. ( take note)

Notes:

- Receiver in case of dissolution of corporation not included here Corporation law to apply.
- Receivership maybe a main action in itself, or just an ancillary remedy;

- A receiver is appointed form the benefit of all the parties involved in a suit. A party in litigation
cannot be appointed without the consent of all.

- Inferior courts have jurisdiction to appoint a receiver of property in litigation.

- Receivership maybe availed of even if judgment has become final and executory..

- Appointment of a receiver during the pendency of the appeal is interlocutory in nature and
cannot by compelled by mandamus, although certiorari will lie in case of grave abuse of discretion.

Sec. 2 – Bond on appointment of a receiver - Before issuing the order appointing a receiver, the court
shall the applicant to file a bond executed to the party against whom the application is presented, in
effect to pay for all damages such party may incur by reason of the appointment of a receiver if
procured without sufficient basis. Additional bond may be required as further security.

Sec. 3. Denial of application or discharge of a receiver - The application maybe denied, or the receiver
discharged, when the adverse party files a bond executed to the applicant, to the effect that such party
will pay applicant all damages he may suffer by reason of acts or omissions or other matters specified in
the application for such appointment. The receiver may also be discharged if shown his appointment
was without sufficient cause.

Sec. 4- Oath and bond of receiver - Before entering upon his duties, the receive shall be sworn to
perform them faithfully, and shall file a bond, to the effect that he will faithfully discharge his duties in
the action and obey the orders of the court.

Sec. 5. Service of copies of bonds, effect of disapproval of same - If either the applicant’s bond or
the receiver’s bond is found insufficient in amount or if sureties fail to justify and a bond sufficient in
amount is not filed, application shall be denied. If the bond of the adverse party is found insufficient or
surety fails to justify, the receiver shall be appointed or re-appointed as the case maybe.

Sec. 6. General powers of a receiver - Subject to the control of the court in which the action is pending,
a receiver shall have the power to bring and defend, in such capacity, actions in his own name; to take
and keep possession of property in controversy, to receive rents, collect debts, compound and
compromise same, and generally do such acts respecting the property as the court may authorize;

No action may be filed by or against the receiver without leave of the court which appointed him.

Sec 7. Liability for neglect or refusal to deliver property - person who refuses or neglects, upon
reasonable demand, to deliver o the receiver, all property, money, books, notes, bills, etc, within his
control or power as maybe be determined by the court maybe held liable for contempt, , and for
damages to the receiver for damages sustained as a consequence hereof;

Sec. 8. Termination of receivership; compensation of receiver - Upon motion, or moto propio, court
shall determine that necessity for a receiver no longer exist; and after hearing, for receiver to settle
accounts of receivership, and eventually order discharge of the receiver. Court may allow receiver to
receive reasonable compensation, to be taxed as costs against defeated party.

Se9. 9 – Judgment shall include recovery against sureties, - as claimed, ascertained granted in same
procedure as Sec. 20, Rule 57.

Rule 61 – Support pendente lite

Sec 1. – At the commencement of the proper action or proceeding, or any time prior to judgment or final
order, a verified application for support pendente lite may be filed by any party stating the grounds for
the claim and financial conditions of both parties, accompanied by affidavits, depositions or other
authentic documents in support thereof.

Sec.2. Comment – A copy of the application and all supporting documents shall be served upon the
adverse party, who shall have five days to comment on the same, unless a different period is fixed by the
court upon motion. The comment shall be verified and shall be accompanied affidavits, depositions or
other authentic document in support thereof.

Sec.3 - hearing – After comment is filed, or after expiration of time for its filing, the application shall be
set for hearing not more than three days thereafter. The facts in issue shall be proved in the same
manner as provided for evidence on motion.

Notes: available not only to plaintiff but other parties as well having the same grounds for its
issuance.
- Available in action for support, m or when one of the reliefs sought is support for the applicant,

Sec. 4 -Order – The court shall determine provisionally the pertinent facts and shall render such orders
as justice and equity may require, having due regard to the probable outcome of the case and such other
circumstances as may aid in the proper resolution of the questions involved. 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 the
means of the adverse party; and the terms of payment or mode for proving the support. If the
application is denied, the principal case shall be tried and decided as early as possible.

Sec. 5 - Enforcement of the order - If the adverse party fails to comply with an order granting support
pendente lite, the court shall, moto propio or upon motion, issue an order of execution against him
without prejudice to his liability for contempt.

When the person ordered to give support pendente lite refuses or fails to do so, any third person who
furnishes support to the applicant may, after due notice and hearing in the same case, obtain a writ of
execution to enforce his right of reimbursement against the person ordered to provide support.

Notes;

- While order to give support is interlocutory, however it is subject of execution.

- The support is provisional in nature,

- Sec. 6. – Support in criminal cases - In criminal actions where the civil liability includes support
for the offspring as a consequence of the crime and the civil aspect thereof has not been waived,
reserved or instituted prior to the filing, the accused maybe ordered to provide support pendente lite to
the child born to the offended party allegedly because of the crime. The application therefor maybe
filed successively by the offended party, her parents, grandparents, or guardian and the State in
corresponding criminal case during its pendency, in accordance with the procedure established under
the Rule.

Sec. 7. Restitution - Where the judgment or final order of the court finds that the person who has
been providing support pendente lite is not liable therefor, it shall order the recipient thereof to return
tom the former the amounts already paid with legal interest from the dates of actual payment without
prejudice to the right of the recipient to obtain reimbursement in a separate action from person legally
obliged to give support. Should the recipient fail to reimburse said amounts , the person who paid the
same may seek reimbursement thereof in a separate action from the person legally obliged to give
support.

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