PROVISIONAL REMEDIES

GROUP 4
ARATAN.COSTALES.LAURENTE.
SABLADA.SIASAT.ZAPANTA
Support
Pendente
Lite
 Support pendente lite is
an amount of support
provisionally fixed by the
WHAT IS court in favor of the

SUPPORT person or persons entitled

thereto during the
PENDENTE pendency of an action for

LITE? support Here, the main

action is for support and
support pendente lite is
the provisional remedy.
BAR QUESTIONS
 BAR 2001
Modesto was accused of seduction by Virginia, a poor,
unemployed young girl, who has a child by Modesto. Virginia
was in dire need of pecuniary assistance to keep her child,
not to say of herself, alive. The criminal case is still pending
in court and although the civil liability aspect of the crime
has not been waived or reserved for a separate civil action,
the trial for the case was foreseen to take two long years
because of the heavily clogged court calendar before the
judgment may be rendered.

If you were the lawyer of Virginia, what action should you

take to help Virginia in the meantime especially with the
problem of feeding the child?
 If I were the lawyer of Virginia, I
would apply for support pendente

SUGGESTED lite in accordance with Sec. 6 of Rule

61 which provides that in a criminal
action where civil liability includes
ANSWER support for the offspring support
pendente lite may be obtained
provided the civil aspect thereof has
not been waived, reserved or
instituted prior to its filing (Sec. 6,
Rule 61, Rules of Court).
 A receiver is a representative of the
court appointing him for the purpose
of reserving and conserving the
property under receivership and

Receivership preventing its possible destruction

or dissipation, if it goes to the
possession of another person.

A receiver acts in a fiduciary

capacity and with impartiality
towards all interested persons.
REPLEVIN (Rule 60)
Provisional remedy seeking for possession of a personal property prior to the determination of
the main action for the recovery thereof.
Replevin is both a form of principal remedy and of provisional relief. It may either refer either to
the action itself or to the provisional remedy that would allow the plaintiff to retain the thing
during the pendency pf the action and to hold it pendente lite.
It is in nature a possessory action and the applicant who seeks the immediate possession of the
property need not be the holder of the legal title to the property. It is sufficient that at the time he
applied for a writ of replevin he is found to be entitled to a possession thereof.