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I.

A) the following are the provisional remedies provided for


in the Rules of Court: 1) Preliminary Attachment (Rule !)"
#) Preliminary in$unction (Rule %)" &) Receivership (Rule
')" () Replevin (Rule )*)" and ) +upport pendent lite
(Rule )1). ,ther provisional remedies include:
A. Issued -y a .amily court
1. /emporary custody of minor children
#. ,rder allowing visitation rights of parents
0. Interim reliefs in a petition for a writ of Amparo
1. /emporary protection order
#. Inspection order
&. Production order
(. 1itness protection order
-.) an attachment places the property under the custody
of the court2 and is in the nature of proceeding 3uasi in rem.
It is purely a statutory remedy and thus cannot e4ist without
a stature granting it. A garnishment is a 5ind of attachment
in which the plainti6 see5s to su-$ect either the property of
the defendant in the hands of a third person called the
garnishee2 to his claim or the money which said third person
owes the defendant
c.) in the case of the HEIRS OF PEDRO REGANON, vs.
RUFINO IMPERIAL, /he new Rules of Court now speci7cally
provides for the procedure to -e followed in case what is
attached is in custodia legis.

/he clear import of this new
provision is that property under custodia legis is now
attacha-le2 su-$ect to the mode set forth in said rule. /he
ward having died2 the guardianship proceedings no longer
su-sist:
/he death of the ward necessarily terminates the
guardianship2 and thereupon all powers and duties of the
guardian cease2 e4cept the duty2 which remains2 to ma5e a
proper accounting and settlement in the pro-ate court.

d.) yes2 any award of damages for wrongful attachment may
-e recovered2 -ut only in the +A89 CA+9. /he recovery of
damages cannot -e had in a separate action. Also2 according
to +ec 1' of Rule !2 If judgment be rendered against
te atta!ing "art#, a$$ te "r%!eeds %f sa$es and
m%ne# !%$$e!ted %r re!ei&ed b# te seri', under te
%rder %f atta!ment, and a$$ "r%"ert# atta!ed
remaining in an# su! %(!er)s ands, sa$$ be
de$i&ered t% te "art# against *%m atta!ment *as
issued+
e.) replevin is the provisional remedy see5ing for the
possession of the property prior to the determination of the
main action for replevin2 for the purpose of recovering
personal property capa-le of manual delivery from the
defendant.
f.) no2 the trial court would err in denying the application for
support pendent lite. According to +ec. ) of Rule )12 In
!rimina$ a!ti%ns *ere te !i&i$ $iabi$it# in!$udes
su""%rt f%r te %'s"ring as a !%nse,uen!e %f te
!rime and te !i&i$ as"e!t tere%f as n%t been
*ai&ed, reser&ed %r instituted "ri%r t% its -$ing, te
a!!used ma# be %rdered t% "r%&ide su""%rt "endente
$ite t% te !i$d b%rn t% te %'ended "art# a$$eged$#
be!ause %f te !rime+ .e a""$i!ati%n teref%r ma# be
-$ed su!!essi&e$# b# te %'ended "art#, er "arents,
grand"arents %r guardian and te State in te
!%rres"%nding !rimina$ !ase during its "enden!#, in
a!!%rdan!e *it te "r%!edure estab$ised under tis
Ru$e+

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