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PROVISIONAL REMEDIES

Preliminary Attachment Preliminary Receivership Replevin Support Pendente Lite


Injunction/Preliminary
Mandatory Injunction
Purpose To have property of adverse To require a party or a court, agency To place the property subject of an To compel adverse party to
party attached as security for or a person to refrain from doing a action or proceeding under the control To recover possession of provide support while action
the satisfaction of judgment particular act or acts or to require the of a third party for its preservation and personal property is pending in court
that may be recovered in cases performance of a particular act or administration litis pendentia
falling under Sec 1, Rule 57. acts.
When At the commencement of the At any stage prior to the judgment At any time prior to satisfaction of At the commencement of the At the commencement of
applied/granted action or at any time prior to or final order judgment action but before answer is the action or at any time
the entry of judgment filed prior to the judgment or
final order
File verified application and File verified application;
applicant’s bond; if application is File verified application and applicant’s bond not required
How applied for included in the initiatory pleading, bond; application may also be included
File affidavits and applicant’s the adverse party should be served in initiatory pleading in actions for File affidavits and applicant’s
bond with summons together with a copy foreclosure of mortgage bond
of the initiatory pleading and the
applicant’s bond
Court where action is pending, Only the Court where the action is Court where action is pending, the CA
the CA or the SC even if action pending; Lower Court, Ca or SC or the SC even if action is pending in
Who may grant is pending in the lower court. provided action is pending in the the lower court. Appellate court may Only in the court where action Court of origin and
same court which issues the allow application for receivership be is pending appellate court. (See Ramos
injunction. decided by the court of origin. v. CA)
Requisites for • Sufficient cause of action • Applicant is entitled to the • Applicant has interest in the • Applicant is the owner • Affidavits, depositions
granting • Case is covered by relief demanded property or fund subject matter of of the property claimed or other documents
application section 1 Rule 57 • Act/s complained of would the action or proceeding or is entitled to the should show, at least
• No other sufficient work injustice to the applicant • Property or fund is in danger of possession of the same provisionally, that the
security for the claim if not enjoined being lost removed or materially • Property is wrongfully applicant is entitled to
exists • Acts sought to be enjoined injured detained by the adverse receive support
• Amount due to applicant probably violates applicants • Appointment of receiver is the party
or value of property he is rights respecting the subject of most convenient and feasible • Property is not distrained
entitled to recover is the action or proceeding means of preserving, administering or taken for a tax
equal to the sum for or disposing of the property in assessment or a fine
which the order of litigation pursuant to law
attachment is granted

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Preliminary Attachment Preliminary Receivership Replevin Support Pendente Lite
Injunction/Preliminary
Mandatory Injunction
Where property is When third-party claimant When third-party claimant
claimed by third makes an affidavit of his title makes an affidavit of his title
person to the property or his right to to the property or his right to
the possession thereof, and the possession thereof, and
serves such affidavit to the serves such affidavit to the
sheriff and a copy thereof to sheriff and a copy thereof to
the attaching party, the sheriff the attaching party, the sheriff
shall not be bound to keep the shall not be bound to keep the
property unless the attaching property under replevin unless
party files a bond approved by the applicant files a bond
the court to indemnify the approved by the court to
third-party claimant in a sum indemnify the third-party
not less than the value of the claimant in a sum not less
property levied upon. Claim than double the value of the
for damages for the taking or property levied upon. Claim
keeping the property must be for damages for the taking or
filed within 120 days from keeping the property must be
filing of the bond. filed within 120 days from
filing of the bond.
Bond executed to the adverse
party in double the value of
Bond requirement Bond executed to the adverse party in the amount fixed by the court to cover the costs which may be adjudged to the property for the return of
the adverse party and all damages which he may sustain by reason of the granting of provisional remedy prayed for, the property to the adverse No bond required
if the court shall finally adjudge that the applicant was not entitled thereto party if such return be
adjudged, and for the payment
to the adverse party of such
sum as he may recover from
the applicant of the action
By counter-bond: Party against whom the provisional remedy is availed of, may move for the discharge of the provisional remedy granted by filing
a counter-bond in an amount equal to that fixed by the court or equal to the value of the property if with respect to a particular property to secure the
payment of any judgment that the adverse party may recover in the action

Not applicable.

Discharge of
remedy

Filing of counter-bond made only


upon showing that the issuance or
continuance thereof would cause
Cash deposit may be made in irreparable damage to the party or Amount of counter-bond
lieu of the counter-bond person enjoined while the applicant should also be double the
can be fully compensated for such value of the property
damages as he may suffer ; counter-
bond alone will not suffice to
discharge the injunction.
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Preliminary Attachment Preliminary Receivership Replevin Support Pendente Lite
Injunction/Preliminary
Mandatory Injunction
Other grounds: improper or
irregular issuance or Insufficiency of the application Appointment was obtained without
enforcement or insufficiency sufficient cause
of the bond
Damages in case When judgment or final
applicant for any order finds the person who
of the provisional has been providing support
remedies not • Owner of property attached must file before trial or before perfection of appeal application for damages pendente lite not liable
entitled thereto or • Party who availed of provisional remedy and his surety or sureties must be notified , showing right to damages and amount thereof therefor:
for any • Damages awarded only after proper hearing; included in judgment of the main case
irregularity in the • Court shall order the
procurement of If judgment of appellate court is favorable to the party against whom provisional remedy was effected: recipient to return the
provisional amounts already
remedy received with interest
• Application must be filed with the appellate court before the judgment of the appellate court becomes executory
from the dates of
• Appellate court may allow application to be heard and decided by the trial court
actual payment
• Recipient may obtain
If bond or deposit given by the party availing of the provisional remedy be insufficient or fail to satisfy the award:
reimbursement from
the person legally
• Adverse party may recover damages in the same action
obliged to give support
(separate action must
be filed for the
purpose)
• If recipient fails to
reimburse the amount,
person who provided
the same may seek
reimbursement from
the person legally
obliged to give the
support (separate
action must be filed for
the purpose)

Interpleader Declaratory Relief Certiorari Certiorari Prohibition Quo Warranto Expropriation Foreclosure of Real Partition Forcible Detainer Contempt
(COMELEC and Mandamus Estate Mortgage Entry
COA)

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Purpose Compel conflicting Declaration of rights and
claimants to litigate duties (reformation of Division of Protect
their claims among instrument, quieting of Taking of private property Satisfy creditor based real property judicial
themselves title, consolidation of Correcting errors of jurisdiction Remove a usurper for public use upon security among the Recover possession in fact system from
ownership) parties unwarranted
claiming intrusion
rights thereto
Requisites Conflicting claims Person has interest under Judgment or final order Certiorari: A person usurps, Property owned by a A person owes Real A person A person Direct
exist upon the same a deed, will, contract or has been rendered by intrudes into, or private party another a loan property is enjoys lawful lawfully contempt:
subject matter other written instrument the COMELEC or the Any tribunal, board or unlawfully holds or owned by possession of takes
COA officer exercising judicial exercises office, Taking by government for Loan is secured by several the property possession A person
Such claims are Person’s rights are or quasi judicial functions position, or franchise public use mortgage of real persons of the land at behaved
made upon a person affected by a statute, Aggrieved party wants has rendered judgment property Another the improperly
who claims no executive order or the judgment or final A public officer does Just compensation Person person beginning in the
interest in the subject regulation, ordinance, or order reviewed by a Such tribunal, etc. has or suffers an act Debtor defaulted in claiming acquires presence or
matter any other governmental higher court acted without or in excess which, by the payment right to the possession of Such lawful so near a
regulation of its jurisdiction provision of law, property the same possession court
constitutes a ground Final demand has does not property by has ended
No breach or violation of Prohibition: for the forfeiture of been made want co- force, Such
the rights has yet his office; ownership to intimidation, A demand to misbehavior
occurred Proceedings in a tribunal, continue threat, strategy vacate has obstructed or
corporation, board, An association acts or stealth been made interrupted
officer or person as a corporation court
exercising judicial, quasi within the proceedings
judicial or ministerial Philippines without
functions are conducted being legally Indirect
without or in excess of its incorporated or contempt:
jurisdiction without lawful
authority so to act Misbehavior
Mandamus: in
performance
When any tribunal, of official
corporation, board, functions
officer or person
unlawfully neglects Disobe-
performance of an act dience to
which the law lawful court
specifically enjoins orders
Abuse or
Common requisite: unlawful
interference
There is no appeal or any with court
plain, speedy, and processes
adequate remedy in the
ordinary course of law Improper
conduct
which tends
to impede
administratio
n of justice

Pretending to
be a lawyer
or officer

Failure to
obey
subpoena

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Procedure 1. Complaint is filed 1. Action is brought 1. 18 copies of verified 1. Petition must be filed 1. Verified petition in 1. Verified complaint filed, 1. Complaint filed
before appropriate RTC petition shall be filed within 60 days from the name of the RP is stating right and purpose of
2. Summons served within 30 days from notice of judgment filed (Person expropriation 2. Court ascertaines
upon parties 2. All persons affected notice of the judgment claiming to be amount due to
made parties or final order 2. Court orders entitled to a public 2. Persons owning or plaintiff and renders
3. Parties files respondents to file office or position claiming to own any judgment ordering
motion to dismiss or 3. Notice to Sol Gen if 2. If motion for new comment within 10 days usurped by another interest pertaining to the defendant to pay
answers the validity of a statue, trial or recon-sideration from receipt of order may bring action in property must be joined as within a within a
complaint executive order or is allowed, period to his own name) defendants period not less than
regulation of any other file petition is 3. Court may order filing 90 days but not more
4. Pre-trial governmental regulation interrupted. If motion is of reply or other 2. Person at whose 3. Plaintiff may enter than 120 days
is involved denied, petition shall be responsive pleadings instance the petition property after filing
5. Court determines filed within remaining is brought pays costs complaint and depositing 3. If defendant fails
parties’ respective 4. Notice to prosecutor or period, in no case less 4. Court may hear the and expenses with a government to pay, foreclosure
rights and adjudicate attorney of LGU if than 5 days. case or require parties to depositary amount sale ensues
their several claims involving validity of a submit memoranda 3. Respondent is equivalent to assessed
local ordinance 3. Pay docket and other notified value of property 4. Costs deducted
Note: Docket fees lawful fees and deposit 5. Court either grants from proceeds of
paid by complainant 5. Court acts on of P500 for costs petition or dismisses the 4. Court may reduce 4. Defendants allowed to sale, mortgagee paid
constitute a lien upon application same if it finds the same periods for filing file objections amount due; if there
subject matter of the 4. SC either orders to be patently without pleadings to secure is excess in the
action 6. If during pendency of respon-dents to file merit, prosecuted most expeditious 5. Court rules on the issue proceeds, same is
action there occurs breach their comment if it manifestly for delay, or determination of of expropriation, granting turned over to
or violation, action is finds petition sufficient that the questions raised matters involved in or denying the same mortgagor
converted into an in form and substance are too insubstantial to the action
ordinary action or dismisses the require consideration 6. If expropriation is 5. If proceeds of sale
petition if it was filed 5. Judgment is granted, court appoints not is not sufficient to
manifestly for delay or 6. Certified copy of rendered. Court may more than 3 commissioners cover entire
the questions raised are judgment is served upon render judgment for indebtedness,
too unsubstantial the court, quasi-judicial costs against 7. Objections to deficiency judgment
agency, tribunal, petitioner, relator or appointment of is rendered:
5. Respondents file corporation, board, person/s claiming to commissioners may be execution
comment officer or person and be a corporation filed within ten days from immediately issues if
disobedience thereto shall service whole debt is due,
6. SC either sets case be punished as contempt. 6. Person adjudged otherwise, mortagor
for oral argument or entitled to public 8. Commissioners take oath entitled to execution
requires submission of office may demand before assuming function upon original terms
memoranda or decides of the respondent to of the contract
the case based on deliver all books and 9. Commissioners ascertain
submit-ted documents papers to him and report the just 6. Certified copy of
compensation for the final order
property confirming the sale is
registered in the
10. Clerk of court serves registry of deeds
copies of commissioners’
report to all interested
parties

11. Interested parties


allowed to file objections
within ten days

12. Court renders judgment


on the issue of just
compensation

13. Judgment is recorded in


registry of property

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Jurisdiction RTC RTC SC SC, CA, RTC, SC, CA, RTC
Sandiganbayan