Civil Procedure | Prof. Chrysilla Carissa Bautista A.Y.

2010-2011

Provisional Remedies

Preliminary Preliminary Injunction

Aspect Replevin Receivership Support
Attachment 72 Hours 20 days WPI
√ √
Criminal Case X √ X
Rule 127 Sec. 1 Rule 61 Sec. 6

Manner of Verified Verified

Affidavit Verified Application Affidavit
Application Application Application
General Requirement: Rule 58 Sec. 3
Rule 58 Sec. Rule 58 Sec
Grounds Rule 57 Sec. 1 Rule 58 Sec. Rule 60 Sec. 2 Rule 59 Sec. 1 Rule 61 Sec. 1
5 2nd 5 1st
3
paragraph paragraph
√ Amount
√ Twice the value
Bond collected or value Discretionary √ X
of the property
of property
With or With
Hearing √ With or Without With Hearing With Hearing With Hearing
Without Hearing
Ex Parte √ √ or X √ or X X √ X X

“Stand Alone”
X √ √ X √
Relief

Prior or
With Without
Simultaneous
√* X* Hearing Hearing √ √* N/A N/A
Service of
√* √*
Summons
Territorial
Jurisdiction
X √ X X X
(Whether
Significant)

Counterbond √ √ √ √ X

* even if service of summons is invalid, it cannot affect provisional remedy

 Civil Procedure | Prof. Chrysilla Carissa Bautista A.Y. 2010-2011

Modes of Discovery

Written Request for

Aspect Depositions Rule 27 Rule 28
Interrogatories Admission
Available on
√ X X X X
Appeal

Who may be
Party/Non-party Party Party Party/Non-party Party
subject

Written Requirement for

How availed of Notice/Motion Motion Motion
Interrogatory Admissions

Within the period

10 days after
designated in the No period, file with
Period to Object No Specific Period service No Period
request, not less opposition
Rule 25, Section 3
than 15 days
 Civil Procedure | Prof. Chrysilla Carissa Bautista A.Y. 2010-2011

Rule 40-45

ASPECT Rule 40 Rule 41 Rule 42 Rule 43 Rule 45

RTCCA RTCCA
Quasi-judicial CASC
Scope MTCRTC (Original (Appellate
AgencyCA RTCSC
Jurisdiction) Jurisdiction)

Mode Notice of Appeal Notice of Appeal Petition for Review Petition for Review Petition for Review

Period 15 days 15 days 15 days 15 days 15 days

Yes (for another 15 Yes (for another 15

days; and another days; and another
W/N Extendible No No 15 days for 15 days for Yes (for 30 days)
compelling compelling
reasons) reasons)
Issues / Questions of Fact
Fact and Law Fact and Law Fact and Law Fact and Law Law
or Law
Aboy, π – appellant Aboy, π – appellant
vs vs
Karen, ∆ - appellee Karen, ∆ - appellee Aboy, Petitioner Aboy, Petitioner Aboy, Petitioner
Title and Designation vs vs vs
Aboy π – appellee Aboy π – appellee Karen, Respondent Karen, Respondent Karen, Respondent
vs vs
Karen, ∆ - appellant Karen, ∆ - appellant

Where to File Trial Court Trial Court Appellate Court Appellate Court Supreme Court

Verification/Certification
No No Yes Yes Yes
Needed
 Civil Procedure | Prof. Chrysilla Carissa Bautista A.Y. 2010-2011

∆ MTD ∆ Amendment
M Bill of Particulars
M Summary Judgment
COMPLAINT SERVICE OF SUMMONS ANSWER
π Provisional Remedies π Amendment π Reply
- You can present evidence. Notice of Dismissal M Summary Judgment
Writ of Preliminary Attachment M ∆ in Default M Judgment on the Pleadings
Replevin Amendment
72 hour TRO Rule 23 with Leave
20 day TRO Ex Parte M to Set Case for Pre-Trial

∆ PT Brief
MTD for failure to prosecute ∆ Demurrer
PRE-TRIAL TRIAL JUDGMENT APPEAL
π PT Brief π evidence
M ∆ in Default ∆ evidence
π rebuttal
Pre-Trial Order ∆ rebuttal
M to Correct M Trial by Commissioner*
M to Postpone
Memorandum*

Rule 23 without leave; Rule 25 without leave Rule 24 Section 7 with Leave
Rule 26 Request for Admissions - residual jurisdiction
Rule 27 Production et al
Rule 28 Physical and Mental Examination

* can be filed by both parties