MCF No. 59.

3
Motion to Discharge
Receiver

Original – Court, 1st Copy – Plaintiff, 2nd Copy – Defendant, Other copies as needed
Enter information in block letters in all parts of the Form except when reserved for Court
use, which shall be completed by the Clerk.
For Court Use Only
(Judicial Region)

(Municipality/City/Province)

 METC/MTCC/MTC/MCTC
 RTC

BRANCH
Case No.
Plaintiff/
Petitioner , v.
Defendant/
Respondent

COUNSEL OR PARTY WITHOUT COUNSEL

Name
Firm Name
Address
Email Address
Tel./Cel./Fax Nos.
PTR No. Date/
Roll No. Place of Issue
 Lifetime
IBP No.  Date/Chapter

MCLE  Compliance
Exemption No.
Other Compliances
Counsel for
 Plaintiff/
Petitioner
 Defendant/
Respondent
 Other

MOTION TO DISCHARGE RECEIVER

UNDER RULE 59.3

________________________________________________________
(name)

moves to discharge the receiver and states:

1. On __________,
(date)
the Court appointed _________ as the receiver in
this case.

2. The receiver should be discharged because:

 movant has filed a counterbond executed in favor of the
applicant, in an amount to be fixed by the Court, to the effect
that movant will pay the applicant all damages he/she may
suffer by reason of the acts, omissions, or other matters
specified in the application as ground for such appointment.

page 1 of 3
  the appointment of the receiver was obtained without sufficient
cause because _______________________________________
Use additional sheets, as necessary.
 the bond is insufficient in amount or the surety/sureties fail
to justify the bond and a bond sufficient in amount with
sufficient sureties approved after justification was not filed
forthwith.

3. The Judicial Affidavit/s in support of this motion is/are attached as

annex/es.
NOTICE OF HEARING

TO:
(Plaintiff-applicant/Counsel)

(Address)

You are notified that movant will submit the Motion to Discharge Receiver for
the approval of the Court on ______________.
(date)

PROOF OF SERVICE
A copy of this Motion was served upon:
Person’s Name Method Place Served Date Served
Personal Service
Licensed Courier
Registered Mail
Facsimile or Other
Electronic Means
Personal Service
Licensed Courier
Registered Mail
Facsimile or Other
Electronic Means
Personal Service
Licensed Courier
Registered Mail
Facsimile or Other
Electronic Means
Personal Service
Licensed Courier
Registered Mail
Facsimile or Other
Electronic Means
Proof of such service is attached to this Motion as an Annex.

Date Party/Party’s Counsel Name and Signature

ORDER

After a review of the Motion,  and comment/opposition, the Motion is

 granted.
 The counterbond by the movant is approved. The Receiver is discharged.

 The Receiver is discharged because:

 the bond posted by the plaintiff is insufficient and a bond sufficient in
amount was not filed forthwith.
 the appointment of the receiver was obtained without sufficient cause.
 the surety/sureties fail to justify the bond and a bond sufficient in amount
with sufficient sureties approved after justification was not filed forthwith.

MOTION TO DISCHARGE REGULAR RECEIVER page 2 of 3

 The Receiver’s bond is hereby discharged.  The Receiver is directed to submit a
final report within thirty (30) days from receipt of this Order.

 denied because ________________________________________.

 set for hearing on _________________________.

SPECIAL INSTRUCTIONS

DENIAL OF APPLICATION OR DISCHARGE OF RECEIVER

The application may be denied, or the receiver discharged, when the adverse party files a
bond executed to the applicant, in an amount to be fixed by the court, to the effect that
such party will pay the applicant all damages he may suffer by reason of the acts,
omissions, or other matters specified in the application as ground for such appointment.
The receiver may also be discharged if it is shown that his appointment was obtained
without sufficient cause. (Rule 59.3)

TERMINATION OF RECEIVERSHIP
Whenever the court, motu proprio or on motion of either party, shall determine that the
necessity for a receiver no longer exists, it shall, after due notice to all interested parties
and hearing, settle the accounts of the receiver, direct the delivery of the funds and other
property in his possession to the person adjudged to be entitled to receive them and order
the discharge of the receiver from further duty as such. (Rule 59.8)

MOTION TO DISCHARGE REGULAR RECEIVER page 3 of 3