PRELIMINARY ATTACHMENT-RULE 57

Application
SECTION 1
Purpose- security for satisfaction of the judgment
When to applyAt commencement
Or before final entry
Grounds:
1. Action for specified amount of money/damages (other than moral or exemplary) , on
a cause of action arising from contract , quasi-contract, delict or quasi-delict against
a defendant ABOUT TO DEPART from the Phil with INTENT TO DEFRAUD HIS
CREDITORS.
2. Action for MONEY OR PROPERTY EMBEZZLED OR FRAUDULENTLY
MISAPPLIED OR CONVERTED into his own use by a public officer, or an officer of
a corporation, or an attorney, factor, broker, agent , or clerk, in the course of his
employment as such, or by any other person in a FIDUCIARY CAPACITY OR
WILLFUL VIOLATION OF DUTY;
3. Action to recover possession of property unjustly taken or fraudulently taken,
detained, or converted, when the property, or any part thereof, has been
CONCEALED, REMOVED, or DISPOSED of to prevent its being found or taken by
the applicant or an authorized person;
4. In an action against a party who has been guilty of FRAUD IN CONTRACTING
THE DEBT OR INCURRING THE OBLIGATION upon which the action is brought,
or in the PERFORMANCE thereof;
5. In an action against a party who has REMOVED or DISPOSED of his property, or is
ABOUT TO DO SO, with INTENT TO DEFRAUD his creditors; or
6. In action against a PARTY WHO DOES NOT RESIDE AND IS NOT FOUND in the
Philippines, or on whom SUMMONS may be served BY PUBLICATION.

Order
-issued ex parte or
upon motion

Requirements:
1. AFFIDAVIT showing that sufficient cause of action exists;
case is one of those mentioned under Sec. 1 of Rule 57; no
other sufficient security for the claim sought; amount due the
applicant (or value of property sought) is as much as the
sum for which the order is granted above all legal
counterclaims.
2. BOND (1st bond)-equal to amount of claim or the value of
the property conditioned that will pay all damages/costs that
the adverse party may sustain by reason of the attachment if
the court shall finally adjudge that the applicant was not
entitled thereto.

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Enforcement

Writ of Attachment

REQUIREMENTS- to be served on the defendant (scaabow)

1.
Prior or contemporaneous service of summons

2.
3.

does not apply where summons could not be served

personally or by substituted service despite diligent efforts
resident defendant but temporarily out of the Phil.
Non resident defendant
Action in rem or quasi-in-rem

Copy of the complaint, application for attachment, affidavit and bond

Order and writ of attachment

MANNERReal property- any interest standing in the name of the party or in the name of
other person
-file with the Register of Deeds copy of the Order , description of the
property and Notice that the property (or interest held or standing in the
name of other person) is attached.
AND leaving a copy of the Order, Description, and Notice to the occupant, if
any or with such person or agent if found in the province.
Personal

capable of manual delivery- take custody

not capable of manual delivery- leaving a copy of the Writ & Notice

-President/managing agent, in case of stocks/shares

-person owing such debts or who has control or possession of
such credits or other personal property in case of debts and
credits, including bank deposits, etc.
-Executor /Administrator or other representative AND to the
office of the Clerk of Court where the estate is being settled, in
case of interest in estate properties
-In case the property is in custodia legis, a copy of the Writ
shall be filed with the proper court or quasi-judicial agency and
Notice of the attachment shall be served upon the custodian of
such property.

EFFECT OF ATTACHMENT (Sec. 8, 9)

-On debts/credits-shall be liable to the applicant until the attachment is
discharged or judgement satisfied UNLESS such property or debts is delivered
to the clerk or sheriff or proper officer of the court issuing the attachment.
-On attachment of interest in property belonging to the estate, it shall not impair
the powers of executor/administrator/personal representative of the decedent
for purposes of administration. The personal representative however shall
report to the court when there is order of distribution, and the property attached
shall be delivered to the sheriff making the levy.

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Sec. 10- Examination of party whose property is attached or person indebted to him or
controlling his property; delivery to the sheriff.
Sec. 11- Attached property may be sold after levy (but before entry of judgment) if perishable or
serve interest of all the parties

DISCHARGE OF ATTACHMENT

Section 12- -cash deposit or -counter-bond executed in favor of the applicant

equal to the amount fixed in the Order or the value of the property as
determined by the Court which shall stand in place of the property released
Sec. 13.
Before or after levy or even after release of the attached property, the party
whose property has been ordered attached, may file a motion to set aside the
Order of attachment on the following grounds:
1.
2.
3.

Improperly or irregularly issued or enforced

Bond is insufficient
Attachment is excessive

The Order of attachment may be lifted if grounds are found not to be true AND
the defect is not cured forthwith. NOTE: However, if the grounds of the
motion is the same basis of the complaint, the hearing on such motion would
be tantamount to trial on the merits of the action (GB Inc. vs. Sanchez, 98
Phil. 886).

THIRD PARTY CLAIMANT File an Affidavit of his claim with the Sheriff while the latter
has possession and copy thereof furnished to the applicant
Sheriff not bound to keep the attached property unless
applicant files a BOND (2nd applicants bond) in sum
not less than the value of the property.
Claim damages against the bond (2 nd bond) within 120
days.
Vindicate claim in the SAME or SEPARATE ACTION.
NOTE: applicant may also vindicate in the same or
separate action claim for damages against any
frivolous and plainly spurious third party claim.

RETURN of the SHERIFF

Judgment
Judgment

-any balance unsatisfied may be collected by ordinary execution

-after judgment has become final and executory, the surety on the counter bond may
proceeded against after notice and summary hearing.

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Damages
on account of improper, irregular or excessive attachment may be made in the SAME CASE
which must be filed before the trial e.g. counterclaim
before appeal is perfected with the trial court
before judgment becomes executory with the appellate court
with due notice to the attaching party and his sureties showing his right to damages and the amount
which shall be awarded only after proper notice and hearing and SHALL be included in the judgment on
the main case. The damages may be enforced on the property of the attaching party if the bond or
deposit posted is insufficient.
In a SEPARATE CASE, if the party did not have the opportunity to interpose because of the dismissal of
the main case on lack of jurisdiction. Or if, it cannot be presented because the court does not have
jurisdiction to entertain it.
NOTES: Even if the judgment is against the defendant, he could recover damages on his counterclaim for
damages if the attachment was improper, irregular or excessive.

RULE 58-PRELIMINARY INJUNCTION

WHAT order granted at any stage of an action or proceeding PRIOR TO JUDGMENT or FINAL ORDER,
requiring a court, agency or person to REFRAIN from a particular act/s. It may also require
PERFORMANCE of a particular act/s.
Preliminary injunction - It does not apply to consummated acts.
Preliminary MANDATORY injunction-performance of a particular act/s.
Requisites:
1).
Clear legal right
2).
There is violation and invasion is material and substantial
3).
Urgent and permanent necessity to prevent serious damage.
The purpose of which is to re-establish and maintain a PRE-EXISTING continuing
relation between the parties, recently and arbitrarily interrupted by the defendant, than to
establish a new relation. This is an EXCEPTION to the rule that injunction does not apply
to consummated acts.
It cannot be used to take possession out of another.
Preliminary preventive prohibitory injunction; Distinguished from prohibition
Preliminary mandatory injunction; Distinguished from mandamus
GROUNDS:
1.

Applicant is ENTITLED TO THE RELIEF demanded, and the whole or part of such relief
consists in restraining the commission or continuance of the act/s complained of, or in
requiring the performance of act/s, either for a limited period or perpetually.

2.

Acts complained of during the litigation would probably WORK INJUSTICE to the
applicant.

3.

Party/court/person is DOING, THREATENING, or is ATTEMPTING to do, or is procuring

or suffering to be done, some act/s probably in violation of the rights of the applicant

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concerning the subject of the action, and TENDING TO RENDER JUDGMENT
INEFFECTUAL.
WHO grants

TRO - MTC or RTC, (both effective for 20 days from service); CA or any member
(effective for 60 days from service) or SC or any member (effective until further orders)

LIMITATIONS:
- Cannot be issued to enjoin acts done outside its territorial district

The decisions of a corporation are made by its Board which has

its office at the principal office at Quezon City. The Quezon City
court has jurisdiction to order the restoration of the connection of
electrical power.Dagupan Electric Corp. v. Pao, 95 SCRA 693
(1980)

The implementation of the questioned act may be enjoined by

the court where the implementation is to be made-Decano v.
Edu, 99 SCRA 410 (1980)
- Should not issue if it would in effect dispose the main case without trial.

WHEN may it be granted:

upon commencement or anytime before judgment. Thereafter, it may be

included in the judgment where the injunction is not stayed by appeal under Sec. 4, Rule 39

PD 1818- prohibits courts from issuing injunctions in cases involving

infasfracture projects, against administrative acts in controversies involving facts or the
exercise of discretion in technical cases.
Exceptions: questions of law- Hernandez v. NPC, GR 145328, 3/23/06
REQUIREMENTS BEFORE GRANT
Verified application
with
Bond- fixed by the court

Hearing and prior notice to adverse party

1. Case raffled only after notice and in the presence of adverse party or
Page
person to be enjoined. The notice shall be preceded by, or
contemporaneously accompanied by service of summons, copy of the
complaint or initiatory pleading, affidavit and bond. (SCAB)

6 of 10

Except if summons could not be served personally or by

substituted service despite diligent efforts, or the adverse party is a
resident of the Philippines temporarily absent therefrom, or a
non-resident. (Prior service of summons or raffling may be
dispensed with if could not be served despite diligent efforts.
Gonzales v. State properties Corp. GR 140765, 1/25/01)

2. Application to be HEARD upon NOTICEUnextendible 20-day TRO after summary hearing with notice
to the adverse party or person to be enjoined.

72 hour TRO effective upon issuance by the Exec. Judge of a

multi-sala court in case of extreme necessity due to grave and
irreparable injury, BUT within 24 hrs from filing, the case
should be raffled with notice and presence of adverse party. A
summary hearing should be conducted within the 72 hours
whether to extend the TRO to 20 days.

Within the 20-day period, a full hearing should be conducted

as to the propriety of granting the application for writ of
preliminary injunction.

OBJECTIONS TO, OR FOR MOTION OF DISSOLUTION OF, INJUNCTION OR RESTRAINING ORDER:

-insufficiency
-applicant entitled, but he can be compensated while party/person enjoined would suffer
irreparable damage, AND the latter posts a counterbond.
JUDGMENT TO INCLUDE DAMAGES AGAINST PARTY/SURETY as in Sec. 20 of Rule 5

RULE 59 - RECEIVERSHIP
May be an action itself, just like injunction.

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VERIFIED APPLICATION
Section 1. Appointment of receiver.
in the following cases:
(a) party applying for the appointment of a receiver 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;
(b) In an action by the mortgagee for the foreclosure of a mortgage, that the
mortgaged property is in danger of being wasted or dissipated or 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;
(c) 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;
(d) Whenever in other cases 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.
During appeal, the appellate court may allow an application for the appointment of a
receiver to be filed in, decided, and subject to control by the court of origin.

GROUNDS for denial of application or discharge of receiver:

COUNTERBOND.
If bond of adverse party is found to be insufficient, or the surety fails to justify,
the receiver shall be appointed or re-appointed, as the case may be. (6a)
Appointment was obtained without sufficient cause.
receivers bond is found to be insufficient in amount, or if the surety or sureties
thereon fail to justify, and a bond sufficient in amount with sufficient sureties approved
after justification is not filed forthwith, the application shall be denied or the receiver
discharged, as the case may be.
Sec. 4. Oath and bond of receiver.
OATH and RECEIVERs BOND
Sec. 6. General powers of receiver.
power to bring and defend, in his own name;
to take and keep possession of the property in controversy;
to receive rents;
to collect debts due to himself as receiver or to the fund, property, estate,
person, or corporation of which he is the receiver; to compound for and
compromise the same;
to make transfers;
to pay outstanding debts;

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to divide the money and other property that shall remain among the persons
legally entitled to receive the same;
and generally to do such acts respecting the property as the court may
authorize. However, funds in the hands of a receiver may be invested only by
order of the court upon the written consent of all the parties to the action.
No action may be filed by or against a receiver without leave of the court which appointed him. (n)
Sec. 7. Liability for refusal or neglect to deliver property to receiver.
punishable by contempt and
liable to the receiver for the value of the property plus damage

RULE 60 - REPLEVIN
Sec.1- Application.
a party praying for the
recovery of possession of
personal propertycommencement or before
answer.

Sec. 3. Order.

Upon filing of affidavit and

approval of the bond, the court
shall issue an ORDER and the
WRIT of replevin, describing the
personal property and requiring
the sheriff to take it into custody.

NOTE: the seizure of a motor vehicle in

violation of Forestry laws places it under
custodia legis.
FELIPE CALUB et al.,vs. CA [GR No.
115634 April 27, 2000]

Sec. 2. Affidavit and bond.

affidavit showing:
(a) applicant is the owner of the property claimed,
particularly describing it, or is entitled to the possession
thereof;
(b) property is wrongfully detained, alleging the cause
of detention;
(c) 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; and

Sec. 5 & 6- Return & Disposition of property

by sheriff.
(d) actual
market value of the property.
If hemust
OBJECTS
the sufficiency
The applicant
give atobond,
executed oftothethebond, he
cannot
immediately
the return of the
adverse party
in DOUBLE
the valuerequire
of the property
property (NOTE: objections should be presented
to the court)
but if he does not so object, he may, at any time
before the delivery of the property to the applicant,
require the return thereof, by filing a (REDELIVERY
BOND)

Sec. 7.

PROPERTY CLAIMED BY
THIRD PERSON.
If within (5) days after the property is taken, the
AFFIDAVIT of third party claim while the latter has possession
upon the applicant.

adverse party does not object to the sufficiency of

serves
such
upon the
sheriff thereon; or if
the bond,
oraffidavit
of the surety
or sureties
of
the
property
and
a
copy
thereof
the adverse party so objects and the court affirms

its approval of the applicants bond or approves a

new bond, or if the adverse party requires the
o the sheriff shall not be bound
to the
keep
the property
return of
property
but his under
bond is objected to
replevin or deliver it to the and
applicant
unless
the
applicant
or hisnot forthwith file
found insufficient and he does
agent, on demand of an
said
sheriff,bond,
shallthefile
a bond
approved
property
shall be delivered
(counterbond) approved by
the
court
to
indemnify
the
thirdto the applicant.
party claimant in a sum not less than the value.
If for any reason the property is not delivered to the
CLAIM DAMAGES against the bond
within 120
applicant,
thedays.
sheriff must return it to the adverse
VINDICATE CLAIM (in the same or
separate case)
party.

APPLICANT-

claim damages against third-party claimant who filed a

frivolous or plainly spurious claim, in the same or a separate
action.

Page 9 of 10

Judgment.- delivery, or for its value if delivery cannot be

made and damages. Recovery against sureties same
procedure as prescribed in section 20 of Rule 57.

Section 1. Application.
At the commencement, or at
any time prior to the judgment,
a verified
application
support(aabow)
Sec.
4. Duty
of thefor
sheriff.
pendente
lite
may
be
filed
by sheriff must
Upon receiving such order, the
any
party
stating
the
claim
and
serve a copy thereof on the adverse party,
the financial
both
together
with a conditions
copy of theof
application,
affidavit
parties,
and
accompanied
by the property,
and bond, and must forthwith take
other
if itaffidavits,
be in thedepositions
possession or
of the
adverse party,
orauthentic
his agent,documents.
and retain it in his custody. If the
property or any part thereof be concealed in a
building or enclosure, the sheriff must demand
its delivery, and if it be not delivered, he must
cause the building or enclosure to be broken
open and take the property into his possession.
After the sheriff has taken possession of the
property as herein provided, he must keep it in
a secure place and shall be responsible for its
delivery to the party entitled thereto upon
receiving his fees and necessary expenses for
taking and keeping the same.

RULE 61 - SUPPORT PENDENTE LITE

Sec. 2. Comment.
5 days (or such
period fixed by the
court)
by
verified
comment,
affidavits
and documents.

Sec. Sec.
4. Order.
3. Hearing.

The
notcourt
more shall
than 3 determine
provisionally
the
pertinent
days after commentfacts, and
shall render
such
or
after orders
the as justice
and equity
may
require,
having due
expiration of the
regardperiod
to theforprobable
outcome
of
its filing.
the
case
and
such
other
circumstances as may aid in the
proper resolution of the question
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
means of the adverse party, and the
terms of payment or mode for
providing the support.

Page 10 of 10

Support in criminal- 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 its filing.
o

The application therefor may be filed successively by the

offended party, her parents, grandparents or guardian
and the State in the corresponding criminal case during
its pendency, in accordance with the procedure
established under this Rule. (n)

Restitution.- in case of adverse decision against the

recipient.

Sec. 5. Enforcement of
order.
motu proprio or upon
motion, issue an order of
execution, without prejudice
to his liability for contempt.
Any third person who
furnished that support to the
applicant may, after due
notice and hearing in the
same case, obtain a writ of
execution.