Rule 58 (a.
a) Who may issue: The court to which the application for preliminary
Preliminary Injunction
Section 3: Grounds for the issuance of Preliminary Injunction
A preliminary injunction may be granted when it is established:
(a) That the 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 or acts complained of, or in requiring the
performance of an act or acts either for a limited period or perpetually;
(b) That the commission, continuance or non-performance of the act
or acts complained of during the litigation would probably work injustice
to the applicant; or
(c) That a party, court, agency or a person is doing, threatening, or is
attempting to do, or is procuring or suffering to be done some act or acts
probably in violation of the rights of the applicant respecting the subject
of the action or proceeding, and tending to render the judgment
ineffectual. (3a)
Section 5: Preliminary Injunction granted without notice
1. General Rule: No preliminary injunction shall be granted without hearing and
prior notice to the party or person sought to be enjoined.
2. Execptions:
(a) If it shall appear from facts shown by affidavits or by the verified application
that great or irreparable injury would result to the applicant before the matter
can be heard on notice.
Provisional Remedies Atty. G. Villaluz Finals Reviewer
injunction was made.
(a.b) Period: 20 days from service on the party or person sought to be
enjoined, except as herein provided.
(a.c) Duties of the court within such period:
1. Order said party or person to show cause, at a specified time and
place, why the injunction should not be granted;
2. Determine within the same period whether or not the preliminary
injunction shall be granted; and,
3. Accordingly issue the corresponding order.
(b) If the matter is of extreme urgency and the applicant will suffer grave
injustice and irreparable injury (Subject to the provisions of the preceding
sections)
(b.a) Who may issue: The executive judge of a multiple-sala court or the
presiding judge of a single sala court may issue ex parte.
(b.b) Period: 72 hours from issuance but he shall immediately comply
with the provisions of the next preceding section as to service of
summons and the documents to be served therewith.
*Can be extended but must not exceed 20 days including the
original 72 hours provided.
(b.c) Duty of the judge before whom the case is pending within the said
period:
Conduct a summary hearing to determine whether the temporary
restraining order shall be extended until the application for preliminary
injunction can be heard.
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2.1 Effect if Preliminary Injunction is denied or not resolved within the said
period: the temporary restraining order is deemed, automatically vacated. The
effectivity of a temporary restraining order is not extendible without need of any
judicial declaration to that effect and no court shall have authority to extend or
renew the same on the same ground for which it was issued.
2.3. Periods if issued by Court of Appeals or Supreme Court:
(a) if issued by the Court of Appeals or a member thereof: 60 days from
service on the party or person sought to be enjoined.
(b) Supreme Court or a member thereof: effective until further orders.
Section 6: Grounds for objection to, or for motion of dissolution of, injunction or
restraining order
(a) Upon showing of its insufficiency; (denial)
(b) Other grounds upon affidavits of the party or person enjoined, which may be
opposed by the applicant also by affidavits; (denial or dissolution)
(c) 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, and
the former files a bond in an amount fixed by the court conditioned that he will
pay all damages which the applicant may suffer by the denial or the dissolution of
the injunction or restraining order; (denial or dissolution)
(d) If it appears that the extent of the preliminary injunction or restraining order
granted is too great. (modification)
Provisional Remedies Atty. G. Villaluz Finals Reviewer
Rule 59
Receivership
Section 1: Appointment of a Receiver
1. When may a receiver be appointed: Upon a verified application, one or more
receivers of the property subject of the action or proceeding may be appointed
2. Who may appoint:
(a) The court where the action is pending; or,
(b) The Court of Appeals or a member thereof; or,
(c) The Supreme Court or a member thereof.
3. Grounds for appointment of a receiver:
(a) When it appears from the verified application, and such other
proof as the court may require, that the 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) 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 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;
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 (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.
4. Appointment during the pendency of an appeal: During the pendency of an
appeal, the appellate court may allow an application for the appointment of a
receiver to be filed in and decided by the court of origin and the receiver
appointed to be subject to the control of said court.
Section 3: Denial of application or discharge of a receiver
Grounds for denial or discharge:
(a) When the adverse party files a bond executed to the applicant, in an
amount to be fixed by the court, to the effect that such party will pay the
applicant all damages he may suffer by reason of the acts, omissions, or
other matters specified in the application as ground for such
appointment.
(b) The receiver may also be discharged if it is shown that his
appointment was obtained without sufficient cause.
Rule 60
Replevin
Section 1: Application
Who may apply: A party praying for the recovery of possession of personal
property may
When to file: At the commencement of the action or at any time before answer,
apply for an order for the delivery of such property to him, in the manner
hereinafter provided.
Provisional Remedies Atty. G. Villaluz Finals Reviewer
Section 2: Affidavit and bond
What must be shown by the applicant in his own affidavit or that of some other
person who personally knows the facts:
(a) That the applicant is the owner of the property claimed,
particularly describing it, or is entitled to the possession thereof;
(b) 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 ;
(c) 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; and
(d) The actual market value of the property.
Required bond: The applicant must also give a bond, executed to the adverse
party in double the value of the property as stated in the affidavit
aforementioned, for the return of the property to the adverse party if such return
be adjudged, and for the payment to the adverse party of such sum as he may
recover from the applicant in the action.
Rule 61
Support Pende Lite
Section 4: Order
Duties of the court:
(a) Determine provisionally the pertinent facts;
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 (b) Render such orders as justice and equity may require, having the
regard to the probable outcome of 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.
If the application is denied, the principal case shall be tried and decided
as early as possible.
Writ of Amparo
Section 14: Interim Reliefs
Upon filing of the petition or at anytime before final judgment, the court, justice
or judge may grant any of the following reliefs:
(a) Temporary Protection Order. The court, justice or judge, upon motion or
motu proprio, may order that the petitioner or the aggrieved party and any
member of the immediate family be protected in a government agency or by an
accredited person or private institution capable of keeping and securing their
safety. If the petitioner is an organization, association or institution referred to in
Section 3(c) of this Rule, the protection may be extended to the officers involved.
The Supreme Court shall accredit the persons and private institutions that shall
extend temporary protection to the petitioner or the aggrieved party and any
member of the immediate family, in accordance with guidelines which it shall
issue.
The accredited persons and private institutions shall comply with the rules and
conditions that may be imposed by the court, justice or judge.
Provisional Remedies Atty. G. Villaluz Finals Reviewer
(b) Inspection Order. The court, justice or judge, upon verified motion and
after due hearing, may order any person in possession or control of a designated
land or other property, to permit entry for the purpose of inspecting, measuring,
surveying, or photographing the property or any relevant object or operation
thereon.
The motion shall state in detail the place or places to be inspected. It shall be
supported by affidavits or testimonies of witnesses having personal knowledge of
the enforced disappearance or whereabouts of the aggrieved party.
If the motion is opposed on the ground of national security or of the privileged
nature of the information, the court, justice or judge may conduct a hearing in
chambers to determine the merit of the opposition.
The movant must show that the inspection order is necessary to establish the
right of the aggrieved party alleged to be threatened or violated.
The inspection order shall specify the person or persons authorized to make the
inspection and the date, time, place and manner of making the inspection and
may prescribe other conditions to protect the constitutional rights of all parties.
The order shall expire five (5) days after the date of its issuance, unless extended
for justifiable reasons.
(c) Production Order. The court, justice or judge, upon verified motion and after
due hearing, may order any person in possession, custody or control of any
designated documents, papers, books, accounts, letters, photographs, objects or
tangible things, or objects in digitized or electronic form, which constitute or
contain evidence relevant to the petition or the return, to produce and permit
their inspection, copying or photographing by or on behalf of the movant.
The motion may be opposed on the ground of national security or of the
privileged nature of the information, in which case the court, justice or judge may
conduct a hearing in chambers to determine the merit of the opposition.
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The court, justice or judge shall prescribe other conditions to protect the
constitutional rights of all the parties.
(d) Witness Protection Order. The court, justice or judge, upon motion or motu
proprio, may refer the witnesses to the Department of Justice for admission to
the Witness Protection, Security and Benefit Program, pursuant to Republic Act
No. 6981.
The court, justice or judge may also refer the witnesses to other government
agencies, or to accredited persons or private institutions capable of keeping and
securing their safety.
R. A. 9262
AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR
CHILDREN, PROVIDING FOR PROTECTIVE MEASURES FOR VICTIMS,
PRESCRIBING PENALTIES THEREFORE, AND FOR OTHER PURPOSES
Section 8: Protection Orders
A protection order is an order issued under this act for the purpose of preventing
further acts of violence against a woman or her child specified in Section 5 of this
Act and granting other necessary relief. The relief granted under a protection
order serve the purpose of safeguarding the victim from further harm, minimizing
any disruption in the victim's daily life, and facilitating the opportunity and ability
of the victim to independently regain control over her life. The provisions of the
protection order shall be enforced by law enforcement agencies. The protection
orders that may be issued under this Act are the barangay protection order (BPO),
temporary protection order (TPO) and permanent protection order (PPO). The
protection orders that may be issued under this Act shall include any, some or all
of the following reliefs:
(a) Prohibition of the respondent from threatening to commit or committing,
personally or through another, any of the acts mentioned in Section 5 of this Act;
Provisional Remedies Atty. G. Villaluz Finals Reviewer
(b) Prohibition of the respondent from harassing, annoying, telephoning,
contacting or otherwise communicating with the petitioner, directly or indirectly;
(c) Removal and exclusion of the respondent from the residence of the petitioner,
regardless of ownership of the residence, either temporarily for the purpose of
protecting the petitioner, or permanently where no property rights are violated,
and if respondent must remove personal effects from the residence, the court
shall direct a law enforcement agent to accompany the respondent has gathered
his things and escort respondent from the residence;
(d) Directing the respondent to stay away from petitioner and designated family
or household member at a distance specified by the court, and to stay away from
the residence, school, place of employment, or any specified place frequented by
the petitioner and any designated family or household member;
(e) Directing lawful possession and use by petitioner of an automobile and other
essential personal effects, regardless of ownership, and directing the appropriate
law enforcement officer to accompany the petitioner to the residence of the
parties to ensure that the petitioner is safely restored to the possession of the
automobile and other essential personal effects, or to supervise the petitioner's
or respondent's removal of personal belongings;
(f) Granting a temporary or permanent custody of a child/children to the
petitioner;
(g) Directing the respondent to provide support to the woman and/or her child if
entitled to legal support. Notwithstanding other laws to the contrary, the court
shall order an appropriate percentage of the income or salary of the respondent
to be withheld regularly by the respondent's employer for the same to be
automatically remitted directly to the woman. Failure to remit and/or withhold or
any delay in the remittance of support to the woman and/or her child without
justifiable cause shall render the respondent or his employer liable for indirect
contempt of court;
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(h) Prohibition of the respondent from any use or possession of any firearm or
deadly weapon and order him to surrender the same to the court for appropriate
disposition by the court, including revocation of license and disqualification to
apply for any license to use or possess a firearm. If the offender is a law
enforcement agent, the court shall order the offender to surrender his firearm
and shall direct the appropriate authority to investigate on the offender and take
appropriate action on matter;
(i) Restitution for actual damages caused by the violence inflicted, including, but
not limited to, property damage, medical expenses, childcare expenses and loss
of income;
(j) Directing the DSWD or any appropriate agency to provide petitioner may need;
and
(k) Provision of such other forms of relief as the court deems necessary to protect
and provide for the safety of the petitioner and any designated family or
household member, provided petitioner and any designated family or household
member consents to such relief.
Any of the reliefs provided under this section shall be granted even in the absence
of a decree of legal separation or annulment or declaration of absolute nullity of
marriage.
The issuance of a BPO or the pendency of an application for BPO shall not
preclude a petitioner from applying for, or the court from granting a TPO or PPO.
Section 14: Barangay Protection Orders (BPOs); Who May Issue and How
Barangay Protection Orders (BPOs) refer to the protection order issued by the
Punong Barangay ordering the perpetrator to desist from committing acts under
Section 5 (a) and (b) of this Act. A Punong Barangay who receives applications for
a BPO shall issue the protection order to the applicant on the date of filing after
ex parte determination of the basis of the application. If the Punong Barangay is
Provisional Remedies Atty. G. Villaluz Finals Reviewer
unavailable to act on the application for a BPO, the application shall be acted
upon by any available Barangay Kagawad. If the BPO is issued by a Barangay
Kagawad the order must be accompanied by an attestation by the Barangay
Kagawad that the Punong Barangay was unavailable at the time for the issuance
of the BPO. BPOs shall be effective for fifteen (15) days. Immediately after the
issuance of an ex parte BPO, the Punong Barangay or Barangay Kagawad shall
personally serve a copy of the same on the respondent, or direct any barangay
official to effect is personal service.
The parties may be accompanied by a non-lawyer advocate in any proceeding
before the Punong Barangay.
Section 15: Temporary Protection Orders
Temporary Protection Orders (TPOs) refers to the protection order issued by the
court on the date of filing of the application after ex parte determination that
such order should be issued. A court may grant in a TPO any, some or all of the
reliefs mentioned in this Act and shall be effective for thirty (30) days. The court
shall schedule a hearing on the issuance of a PPO prior to or on the date of the
expiration of the TPO. The court shall order the immediate personal service of the
TPO on the respondent by the court sheriff who may obtain the assistance of law
enforcement agents for the service. The TPO shall include notice of the date of
the hearing on the merits of the issuance of a PPO.
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 R.A. 8369
AN ACT ESTABLISHING FAMILY COURTS, GRANTING THEM
EXCLUSIVE ORIGINAL JURISDICTION OVER CHILD AND FAMILY
CASES, AMENDING BATAS PAMBANSA BILANG 129,AS AMENDED,
OTHERWISE KNOWN AS ACT OF 1980, APPROPRIATING FUNDS
THEREFOR AND FOR OTHER PURPOSES
Section 7. Special Provisional Remedies
In cases of violence among immediate family members living in the same domicile
or household, the Family Court may issue a restraining order against the accused
of defendant upon verified application by the complainant or the victim for relief
from abuse.
The court may order the temporary custody of children in all civil actions for their
custody. The court may also order support pendente lite, including deduction
from the salary and use of conjugal home and other properties in all civil actions
for support.
R.A. 9372
AN ACT TO SECURE THE STATE AND PROTECT OUR PEOPLE FROM
TERRORISM
Section 26: Restriction on Travel
In cases where evidence of guilt is not strong, and the person charged with the
crime of terrorism or conspiracy to commit terrorism is entitled to bail and is
granted the same, the court, upon application by the prosecutor, shall limit the
right of travel of the accused to within the municipality or city where he resides
or where the case is pending, in the interest of national security and public safety,
consistent with Article III, Section 6 of the Constitution. Travel outside of said
municipality or city, without the authorization of the court, shall be deemed a
violation of the terms and conditions of his bail, which shall then be forfeited as
provided under the Rules of Court.
Provisional Remedies Atty. G. Villaluz Finals Reviewer
He/she may also be placed under house arrest by order of the court at his or her
usual place of residence.
While under house arrest, he or she may not use telephones, cellphones, e-mails,
computers, the internet or other means of communications with people outside
the residence until otherwise ordered by the court.
The restrictions abovementioned shall be terminated upon the acquittal of the
accused or of the dismissal of the case filed against him or earlier upon the
discretion of the court on motion of the prosecutor or of the accused.
Section 27: Judicial Authorization Required to Examine Bank Deposits, Accounts,
and Records
The provisions of Republic Act No. 1405 as amended, to the contrary
notwithstanding, the justices of the Court of Appeals designated as a special court
to handle anti-terrorism cases after satisfying themselves of the existence of
probable cause in a hearing called for that purpose that: (1) a person charged
with or suspected of the crime of terrorism or, conspiracy to commit terrorism,
(2) of a judicially declared and outlawed terrorist organization, association, or
group of persons; and (3) of a member of such judicially declared and outlawed
organization, association, or group of persons, may authorize in writing any police
or law enforcement officer and the members of his/her team duly authorized in
writing by the anti-terrorism council to: (a) examine, or cause the examination of,
the deposits, placements, trust accounts, assets and records in a bank or financial
institution; and (b) gather or cause the gathering of any relevant information
about such deposits, placements, trust accounts, assets, and records from a bank
or financial institution. The bank or financial institution concerned, shall not
refuse to allow such examination or to provide the desired information, when so,
ordered by and served with the written order of the Court of Appeals.
Section 29: Classification and Contents of the Court Order Authorizing the
Examination of Bank Deposits, Accounts, and Records
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The written order granted by the authorizing division of the Court of Appeals as
well as its order, if any, to extend or renew the same, the original ex parte
application of the applicant, including his ex parte application to extend or renew,
if any, and the written authorizations of the Anti-Terrorism Council, shall be
deemed and are hereby declared as classified information: Provided, That the
person whose bank deposits, placements, trust accounts, assets, and records
have been examined, frozen, sequestered and seized by law enforcement
authorities has the right to be informed of the acts done by the law enforcement
authorities in the premises or to challenge, if he or she intends to do so, the
legality of the interference. The written order of the authorizing division of the
Court of Appeals designated to handle cases involving terrorism shall specify:
(a) the identify of the said:
(1) person charged with or suspected of the crime of terrorism or
conspiracy to commit terrorism;
(2) judicially declared and outlawed terrorist organization, association, or
group of persons; and
(3) member of such judicially declared and outlawed organization,
association, or group of persons, as the case may be. whose deposits,
placements, trust accounts, assets, and records are to be examined or the
information to be gathered;
(b) the identity of the bank or financial Institution where such deposits,
placements, trust accounts, assets, and records are held and maintained;
(c) the identity of the persons who will conduct the said examination and the
gathering of the desired information; and,
(d) the length of time the authorization shall be carried out.
Section 39: Seizure and Sequestration
Provisional Remedies Atty. G. Villaluz Finals Reviewer
The deposits and their outstanding balances, placements, trust accounts, assets,
and records in any bank or financial institution, moneys, businesses,
transportation and communication equipment, supplies and other implements,
and property of whatever kind and nature belonging: (1) to any person suspected
of or charged before a competent Regional Trial Court for the crime of terrorism
or the crime of conspiracy to commit terrorism; (2) to a judicially declared and
outlawed organization, association, or group of persons; or (3) to a member of
such organization, association, or group of persons shall be seized, sequestered,
and frozen in order to prevent their use, transfer, or conveyance for purposes
that are inimical to the safety and security of the people or injurious to the
interest of the State.
The accused or a person suspected of may withdraw such sums as may be
reasonably needed by the monthly needs of his family including the services of his
or her counsel and his or her family's medical needs upon approval of the court.
He or she may also use any of his property that is under seizure or sequestration
or frozen because of his/her indictment as a terrorist upon permission of the
court for any legitimate reason.
Any person who unjustifiably refuses to follow the order of the proper division of
the Court of Appeals to allow the person accused of the crime of terrorism or of
the crime of conspiracy to commit terrorism to withdraw such sums from
sequestered or frozen deposits, placements, trust accounts, assets and records as
may be necessary for the regular sustenance of his/her family or to use any of
his/her property that has been seized, sequestered or frozen for legitimate
purposes while his/her case is pending shall suffer the penalty of ten (10) years
and one day to twelve (12) years of imprisonment.
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 R.A. 9160
AN ACT DEFINING THE CRIME OF MONEY LAUNDERING, PROVIDING
PENALTIES THEREFOR AND FOR OTHER PURPOSES
Section 10: Authority to Freeze
Upon determination that probable cause exists that any deposit or similar
account is in any way related to an unlawful activity, the AMLC may issue a freeze
order, which shall be effective immediately, on the account for a period not
exceeding fifteen (15) days. Notice to the depositor that his account has been
frozen shall be issued simultaneously with the issuance of the freeze order. The
depositor shall have seventy-two (72) hours upon receipt of the notice to explain
why the freeze order should be lifted. The AMLC has seventy-two (72) hours to
dispose of the depositor's explanation. If it falls to act within seventy-two (72)
hours from receipt of the depositor's explanation, the freeze order shall
automatically be dissolved. The fifteen (15)-day freeze order of the AMLC may be
extended upon order of the court, provided that the fifteen (15)-day period shall
be tolled pending the court's decision to extend the period.
No court shall issue a temporary restraining order or writ of injunction against
any freeze order issued by the AMLC except the Court of Appeals or the Supreme
Court.
Section 11: Authority to inquire into Bank Deposits
Notwithstanding the provisions of Republic Act No. 1405, as amended; Republic
Act No. 6426, as amended; Republic Act No. 8791, and other laws, the AMLC may
inquire into or examine any particular deposit or investment with any banking
institution or non-bank financial institution upon order of any competent court in
cases of violation of this Act when it has been established that there is probable
cause that the deposits or investments involved are in any way related to a
money laundering offense: Provided, That this provision shall not apply to
deposits and investments made prior to the effectivity of this Act.
Provisional Remedies Atty. G. Villaluz Finals Reviewer
Admin. No. 02-11-12-SC
PROPOSED RULE ON PROVISIONAL ORDERS
Section 1. When Issued
Upon receipt of a verified petition for declaration of absolute nullity of void
marriage or for annulment of voidable marriage, or for legal separation, and at
any time during the proceeding, the court, motu proprio or upon application
under oath of any of the parties, guardian or designated custodian, may issue
provisional orders and protection orders with or without a hearing. These orders
may be enforced immediately, with or without a bond, and for such period and
under such terms" and conditions as the court may deem necessary.
Section 2. Spousal Support
In determining support for the spouses, the court may be guided by the following
rules:
(a) In the absence of adequate provisions in a written agreement between the
spouses, the spouses may be supported from the properties of the absolute
community or the conjugal partnership.
(b) The court may award support to either spouse in such amount and for such
period of time as the court may deem just and reasonable based on their
standard of living during the marriage.
(c) The court may likewise consider the following factors: (1) whether the spouse
seeking support is the custodian of a child whose circumstances make it
appropriate for that spouse not to seek outside employment; (2) the time
necessary to acquire sufficient education and training to enable the spouse
seeking support to find appropriate employment, and that spouse's future
earning capacity; (3) the-duration of the marriage; (4) the comparative financial
resources of the spouses, including their comparative earning abilities in the labor
megenern - Page 9
market; (5) the needs and obligations of each spouse; (6) the contribution of each
spouse to the marriage, including services rendered in home-making, child care,
education, and career building of the other spouse; (7) the age and health of the
spouses; (8) the physical and emotional conditions of the spouses; (9) the ability
of the supporting spouse to give support, taking into account that spouse's
earning capacity, earned and unearned income, assets, and standard of living;
and (10) any other factor the court may deem just and equitable.
(d) The Family Court may direct the deduction of the provisional support from the
salary of the spouse.
Section 3. Child Support
The common children of the spouses shall be supported from the properties of
the absolute community or the conjugal partnership.
Subject to the sound discretion of the court, either parent or both may be
ordered to give an amount necessary for the support, maintenance, and
education of the child. It shall be in proportion to the resources or means of the
giver and to the necessities of the recipient.
In determining the amount of provisional support, the court may likewise
consider the following factors: (1) the financial resources of the custodial and
non-custodial parent and those of the child; (2) the physical and emotional health
of the child and his or her special needs and aptitudes; (3) the standard of living
the child has been accustomed to; (4) the non-monetary contributions that the
parents will make toward the care and well-being of the child.
The Family Court may direct the deduction of the provisional support from
the salary of the parent.
Provisional Remedies Atty. G. Villaluz Finals Reviewer
Section 4. Child Custody
In determining the right party or person to whom the custody of the child of the
parties may be awarded pending the petition, the court shall consider the best
interests of the child and shall give paramount consideration to the material and
moral welfare of the child.
The court may likewise consider the following factors: (a) the agreement of
the parties; (b) the desire and ability of each parent to foster an open and loving
relationship between the child and the other parent; (c) the child's health, safety,
and welfare; (d) any history of child or spousal abase by the person seeking
custody or who has had any filial relationship with the child, including anyone
courting the parent; (e) the nature and frequency of contact with both parents; (f)
habitual use of alcohol or regulated substances; (g) marital misconduct; (h) the
most suitable physical, emotional, spiritual, psychological and educational
environment; and (i) the preference of the child, if over seven years of age and of
sufficient discernment, unless the parent chosen is unfit.
The court may award provisional custody in the following order of
preference: (1) to both parents jointly; (2) to either parent taking into account all
relevant considerations under the foregoing paragraph, especially the choice of
the child over seven years of age, unless the parent chosen is unfit; (3} to the
surviving grandparent, or if there are several of them, to the grandparent chosen
by the child over seven years of age and of sufficient discernment, unless the
grandparent is unfit or disqualified; (4) to the eldest brother or sister over twenty-
one years of age, unless he or she is unfit or disqualified; (5) to the child's actual
custodian over twenty-one years of age, unless unfit or disqualified; or (6) to any
other person deemed by the court suitable to provide proper care and guidance
for the child.
The custodian temporarily designated by the" court shall give the court and
the parents five days notice of any plan to change the residence of the child or
take him out of his residence for more than three days provided it does not
prejudice the visitation rights of the parents.
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Section 5. Visitation Rights
Appropriate visitation rights shall be provided to the parent who is not awarded
provisional custody unless found unfit or disqualified by the court. .
Section 6. Hold Departure Order
Pending resolution of the petition, no child of the parties shall be brought out of
the country without prior order from the court.
The court, motu proprio or upon application under oath, may issue ex-parte
a hold departure order, addressed to the Bureau of Immigration and Deportation,
directing it not to allow the departure of the child from the Philippines without
the permission of the court.
The Family Court issuing the hold departure order shall furnish the
Department of Foreign Affairs and the Bureau of Immigration and Deportation of
the Department of Justice a copy of the hold departure order issued within
twenty-four hours from the time of its issuance and through the fastest available
means of transmittal.
The hold-departure order shall contain the following information:
(a) the complete name (including the middle name), the date and place of birth,
and the place of last residence of the person against whom a hold-departure
order has been issued or whose departure from the country has been enjoined;
(b) the complete title and docket number of the case in which the hold departure
was issued;
(c) the specific nature of the case; and
(d) the date of the hold-departure order.
Provisional Remedies Atty. G. Villaluz Finals Reviewer
If available, a recent photograph of the person against whom a hold-
departure order has been issued or whose departure from the country has been
enjoined should also be included.
The court may recall the order. motu proprio or upon verified motion of any
of the parties after summary hearing, subject to such terms and conditions as
may be necessary for the best interests of the child.
Section 7. Order of Protection
The court may issue an Order of Protection requiring any person:
(a) to stay away from the home, school, business, or place of employment of the
child, other parent or any other party, and to stay away from any other specific
place designated by the court;
(b) to refrain from harassing, intimidating, or threatening such child or the other
parent or any person to whom custody of the child is awarded;
(c) to refrain from acts of commission or omission that create an unreasonable
risk to the health, safety, or welfare of the child;
(d) to permit a parent, or a person entitled to visitation by a court order or a
separation agreement, to visit the child at stated periods;
(e) to permit a designated party to enter the residence during a specified period
of time in order to take persona! belongings not contested in a proceeding
pending with the Family Court;
(f) to comply with such other orders as are necessary for the protection of the
child.
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Section 8. Administration of Common Property

If a spouse without just cause abandons the other or-fails to comply with his or
her obligations to the family, the court may, upon application of the aggrieved
party under oath, issue a provisional order appointing the applicant or a third
person as receiver or sole administrator of the common property subject to such
precautionary conditions it may impose.

The receiver or administrator may not dispose of or encumber any common

property or specific separate property of either spouse without prior authority of
the court.

The provisional order issued by the court shall be registered in the proper
Register of Deeds and annotated in all titles of properties subject of the
receivership or administration.

Provisional Remedies Atty. G. Villaluz Finals Reviewer megenern - Page 12