PROVISIONAL REMEDIES

The Kind Of Provisional Remedies

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Preliminary Attachment
Preliminary Injunction
Receivership
Replevin
Support pendente lite

are writ and processes available during the pendency of an action to preserve and protect certain rights and interests
pending the result of the final judgment in the case.

PRELIMINARY INJUNCTION
What is Preliminary Injunction?
A judicial writ, process or proceedings whereby a party is ordered to do or refrain from doing a particular act.
Prior notice is indispensable for the issuance of a writ of Preliminary Injunction(PI) and a Temporary Restraining
Order(TRO).
o Exception:
If the matter is of extreme urgency and the applicant may suffer injustice and injury, the court may issue an ex
parte TRO effective for only seventy-two(72) hours from issuance, renewable after summary hearing for a period
not exceeding twenty(20) hours which includes the original 72 hours if previously granted.
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The Kinds Of Injunction

Preventive or prohibitive injunction requires a person to refrain from doing a particular act.
Mandatory injunction requires the performance of a particular act.

What Is Its Purpose?

- to preserve the status quo, i.e., the last actual, peaceable, uncontested status which precedes the pending controversy.
RULE 59
RECEIVERSHIP
Who is a Receiver?
- person appointed by the court in behalf of all the parties to an action for the purpose of preserving the property involved in the
suit and to protect the rights of all the parties under the direction of the court.
- as a rule, a party to the case nor the clerk of court should not be appointed.
Note: no action maybe filed against the receiver without leave of court.
Note: Ex parte appointment of a receiver is no longer authorized, a hearing must be conducted for that purpose.
What Are The Requirements?
1. Affidavit that the applicant has interest in the property that is the subject of the litigation and there is an inevitable
damage to it thus, the court must appoint a receiver.
2. Bond in the amount fixed by the court, to cover all the damages by reason of the appointment of a receiver. The court
may require additional bond as further security.

RULE 60
REPLEVIN
What Is Its Purpose?
- to recover the possession of personal property.
What Are The Requirements?
1. Affidavit must allege that the applicant is the owner or entitled to possess the property, the description of the
property, the actual market value of the property, and the person and why he withheld the property from the applicant.
2. Bond the amount to be posted must double the value of the property as stated in the affidavit.

RULE 61
SUPPORT PENDENTE LITE
What Is Its Purpose?
To compel adverse party to provide support while action is pending in court.
No bond is required from the applicant.
The application must be verified and shall be set for hearing not more than three(3) days from the filing of the petition.