DEFINITION

PURPOSE

WHO
GRANTS/WHERE
APPLIED

COVERED/
GROUNDS

ATTACHMENT
RULE 57
To have the property attached as
security for the satisfaction of
judgment that may be recovered
in cases falling under Sec 1

For the property to be held by

the sheriff as security for the
satisfaction of whatever
judgment may be rendered
1. court where the action is
PENDING
2. CA
3. SC

1. recovery of money against

a party who is about to
depart from the Philippines
w/ intent to defraud
creditors
2. action for money or
property embezzled in the
course of ent
3. recovery of possession of
property fraudulently taken
when the property has
been concealed to prevent
it from being found

INJUNCTION
RULE 58
To require a party or court,
agency or a person to
refrain from doing a
particular act or to require
the performance of
particular act
Prevent future injury and
to maintain the status quo

1. court where the

action is PENDING
2. if pending in the CA
or in the SC, it may
be issued by said
court OR ANY
MEMBER thereof
1. the applicant is
entitled to the relief
demanded whole or
part of such relief
consist of refraining
or requiring the
performance of an
act
2. the
commission/continua
nce/nonperformance during
the litigation would

RECEIVERSHIP
RULE 59
To place the property subject of the
action under the control of 3rd person
for its preservation and
administration litis pendentia

Protect and preserve the rights of the

parties during the pendency of the
action
3. court where the action is
PENDING
4. CA
5. SC
6. member of SC or CA
7. during the pendency of appeal,
the court may allow the
receiver to be filed and decided
by the COURT OF ORIGIN
1. applicant has an interest in the
property or fund which is the
subject of the action or
proceeding, AND that such
property or fund is in danger of
being lost, removed, or
materially injured unless a
receiver be appointed to
administer and preserve it
2. When it appears in an action
by the mortgagee for the
foreclosure of a mortgage that
the property is in danger of
being wasted or dissipated or

REPLEVIN
RULE 60
To recover possession of
personal property

4. against a party guilty of

fraud in contracting
debt/incurring obligation
upon w/c the action is
brought
5. against party who has
disposed his property to
deprived creditors
6. non-resident not found in
the Phils or whom
summons may be served
by publication

WHEN

HOW ISSUED

HOW APPLIED

At r0the commencement of the

action OR at any time before
entry of judgment
Ex parte OR upon motion w/
notice and hearing
Filing of AFFIDAVITS AND bond

probably work
injustice to the
applicant
3. the party
doing/threatening/at
tempting to do some
act in violation of the
applicants right and
tending to render the
judgment ineffectual

At any stage prior to the

judgment

materially injured, and that its

value is probably insufficient to
discharge the mortgage debt,
or that the parties have so
stipulated in the contract of
mortgage;
3. After judgment, to preserve
the property during the
pendency of an appeal, or to
dispose of it according to the
judgment, or to aid execution
when the execution has been
returned unsatisfied or the
judgment obligor refuses to
apply his property in
satisfaction of the judgment,
or otherwise to carry the
judgment into effect;
4. it appears that the
appointment of a receiver is
the most convenient and
feasible means of preserving,
administering, or disposing of
the property in litigation
At any time prior to the satisfaction
of judgment

At the commencement of the

action BUT BEFORE answer

VERIFIED APPLICATION AND

bond

Upon filing of affidavit and

approval of the bond the court
shall issue the writ
AFFIDAVIT AND BOND double
the value of the property

Prior NOTICE and HEARING

1. VERIFIED
APPLICATION AND
bond
2. if the application is
included in the

REQUISITES

1. sufficient COA
2. case is covered by Sec 1
3. no other sufficient security
for the claim
4. amount due to the
applicant or value of
property he is entitled to
recover is equal to the sum
w/c the order or
attachment is granted

initiatory pleading,
the adverse party
should be served w/
summons together
w/ a copy of the
initiatory pleading
and bond
SAME AS GROUNDS

1. applicant has an interest in the

property or fund which is the
subject of the action or
proceeding,
2. and that such property or fund
is in danger of being lost,
removed, or materially injured
unless a receiver be appointed
to administer and preserve it;
3. it appears that the
appointment of a receiver is
the most convenient and
feasible means of preserving,
administering, or disposing of
the property in litigation

PRIOR
CONTEMPORANEO
US SERVICE

SAME

1. That the applicant is the

owner of the property
claimed, particularly
describing it, or is
entitled to the possession
thereof;
2. That the property is
wrongfully detained by
the adverse party,
alleging the cause of
detention thereof
according to the best of
his knowledge,
information, and belief ;
3. That the property has not
been distrained or taken
for a tax assessment or a
fine pursuant to law, or
seized under a writ of
execution or preliminary
attachment, or otherwise
placed under custodia
legis, or if so seized, that
it is exempt from such
seizure or custody;

AMOUNT OF
APPLICANTS
BOND
CONDITION OF
BOND

MANNER

DISCHARGED

EXCEPT
1. summons could not be
served personally or by
substituted service despite
diligent effort
2. defendant is resident but
temporarily absent
3. non-resident
4. action is in rem or quasi in
rem
Amount fixed by the court
in its order granting
issuance
ALL COST w/c may be adjudged
to the adverse party AND ALL
DAMAGES w/c he sustain by
reason of attachment
Attach only so much of the
property, not exempt from
execution as may be sufficient to
satisfy the plaintiffs demand
1. counter-bond
equal to the amount
fixed by the court in
order of attachment
EXCLUSIVE of cost

conditioned on the
judgment that the
attaching party may
recover

2. cash deposit in lieu of

To be fixed by the court

All damages he may

sustain by reason of
injunction

1. counter-bond
equal to the
amount fixed
by the court

conditioned on
all the
damages may
suffer by the
denial/dissoluti
on of
injunction

Amount to be fixed by the court

All damages he may sustain by

reason of appointment of receiver

1. counter-bond
equal to the amount
fixed by the court

conditioned on all the

damages may suffer by
reason of acts or
omission specified in the
application

2. appointment of receiver
obtained w/o sufficient cause
3. bond of applicant OR receiver

Double the value of the

property as stated in the
affidavit
1. for the return of the
property
2. AND for the payment of
such sum as may be
recovered

counter-bond
double the value of
the property

counter-bond
3. improper issuance or
enforcement
4. insuffient bond

DAMAGES IN CASE
APPLICANT IS NOT
ENTITLED
THERETO OR FOR
ANY
IRREGULARITY IN
THE
PROCUREMENT OF
PROVISIONAL
REMEDY

PROCEEDING

insufficient
2. insufficiency of the
application

3. if it appears after
hearing that
although the
applicant is entitled
to the injunction or
restraining order, the
issuance or
continuance thereof,
as the case may be,
would cause
irreparable damage
to the party or
person enjoined
while the applicant
can be fully
compensated for
such damages as he
may suffer
1. owner of the property attached must file before trial or before perfection of appeal application for damages
2. party who availed of the provisional remedy and his surety or sureties must be notified, showing right to damages and amount
thereof
3. damages awarded only after PROPER HEARING; included in judgment of the main case
IF JUDGMENT OF APPELLATE COURT IS FAVORABLE TO THE PARTY AGAINST WHOM PROVISIONAL REMEDY WAS
EFFECTED
1. application must be filed w/ the appellate court before the judgment of the AC becomes executor
2. AC may allow application to be heard and decided by the TC
IF BOND GIVEN BY THE PARTY AVAILING OF THE PROVISIONAL REMEDY BE INSUFFICIENT
Adverse party may recover damages in the same action
1. sheriff shall not be bound
1. property under

WHERE PROPERTY
CLAIMED BY 3RD
PERSON

to keep the property under

attachment
2. UNLESS the attaching
party file a bond
not less than the
value of the property
levied upon
to indemnify the 3rd
party claimant

attachment
2. UNLESS the attaching
party file a bond
not less than the
value of the
property levied
upon
to indemnify the 3rd
party claimant